mistrust of the Executress

[magymac]

It is difficult to make this issue clear in a brief form. We live in New York State. My father passed away July, 2001. He had owned a farm house and land, his personal residence and a mobile home park. My brother and his wife had lived in the mobile home park for almost 30 yrs. My brother was given 1/2 of the park several years ago and on his death in 1999 it was passed on to his wife. The remainder of the mobile home park was given to my sister-in-law by my father. My sister in law was also left as executress of the estate because of her living in the vicinity near my father. My sister and I live far away. His will called for the Farmhouse, land and his personal residence , a bank account and some stocks to be split 3 ways with me, my sister and my sister in law. We are the only living family left. My father had told my sister and I that he was moving money from his name into my sister in laws and her daughters name in order to remove it from the estate and avoid estate taxes......we knew that this was a bad idea but he trusted that they would comply with his wishes and divide the money. I'm sure you have figured out by now that that did not happen and that we are also aware that legally we can't do anything about it. What I am asking is about part of his will where he mentioned that my sister in law would have 1 year to buy my sister and I out at which time that option expires. In september her lawer said that she intended to exercise that option but that was the last we heard of it. We have asked for itemized lists of the contents of the houses and of all property included in the estate and documentation showing where it has gone to......we cannot even get a responce to our letters and feel that she is just using the cash that is left in the estate to pay the bills and property taxes, etc. and waiting for the time to run out. I have contacted lawyers and they tell me hat there is nothing I can do that will not cost a lot of money. As only my sister in law has access to all of my father's money (she is now worth millions) and my sister and I have no excess money to loose.....My sister in law also had put my father in the hospital against his wishes when he became ill and didn't even contact us first and then would not let him out. There were many other things that she has done to make us believe that this was all a very well laid out plan.We do not know where to turn or what rights that we may have. We were not trying to take anything from her just get what our father had intended for us to have...any suggestions?

 

[ALawyer]

Far too long.

Ask a local lawyer to represent you.

 

[advisor10]

2-12-2002

MAGYMAC:

Check at the county courthouse to see if this estate is still open, and if there is any financial documentation in the file.

It looks like the executrix is stalling and keeping the probate case open so she can delay making payments to the legal heirs. It's really a shame that your father did not have his estate planning prepared professionally by an estate planner, or else the assets would have been distributed more fairly.

Did she ever file the will in probate court and get the estate case opened? Assuming the case is still open, you need to find out from a local attorney what motion or petition you can file with the court to get things speeded up. Hopefully, there is no other reason that she is delaying in getting things done. Hiring an attorney to do these things for you should not be expensive.

Have you all decided whether you want to keep the farmhouse and personal residence in the family or sell it? Since she is not exercising her option to buy you all out, then you can file a petition with the court to force the sale of the properties and then split the proceeds amongst the heirs.

Send me an e-mail message so I can pass on to you a confidential tip about what you can do about your situation.

How much was in the bank account, and has she reported that as a probate asset? The only complication is that if he named someone on the bank account signature card as a beneficiary, that money is payable directly to the beneficiary without even having to go through the probate process.

If the estate has not officially closed, then as an heir you should expect to receive a check and/or title to the properties after all of the expenses, debts, and taxes have been paid.

SINCERELY,

advisor

 

[advisor10]

2-12-2002

I forgot to mention that if the bank account signature card shows no beneficiaries, then it is supposed to be added to the estate. You need to visit the bank to find out what the bank account signature card shows.

SINCERELY,

advisor