Need help with out-of-state probate issues

[martinm]

What is the name of your state?

Ohio

My mother recently passed away. My sister, who has a learning disability, was named as the trustee in my mom's will. My sister and her husband live in the house, I am living out of state. The will stipulates that all mom's assets are to be divided evenly between my sister and I, and that if one of us keeps the house the we must pay half the appraised value to the other.

Having a few problems I was hoping someone could give me some advice with.

1. My sister has chosen a lawyer to handle the estate. But who does the lawyer represent if my sister and I disagree on something?

2. My sister will not provide me a copy of mom's will. How do I get a copy?

3. There is obvious disagreement on splitting the household assets. There is jewelry, furniture, etc. involved. Basically my sister does not want to give me anything. What can I do if we can not come to agreement on the 50/50 split specified in the will?

4. There is a bank account that was my mom's. My sister is on the account as well. However the account has mysteriously dropped from $15,000 to $800 in a matter of days. Isn't there some method of accountability on the account to ensure that what is coming out of it is being used for bills associated with the estate? My sister seems to have trouble distinguishing what are HER bills, and what are bills associated with the estate.

5. My sister and her husband are living in the house and were paying mom rent. At what point do the bills associated with the house become their bills? (cable, electric, gas, etc.)

6. How do I force the appraisal of the house and the buy-out to happen? My sister seems reluctant/unwilling to discuss this process or to get it started.

Thanks for any help or advice you can give.

 

[Pfaffing85690]

My sister has chosen a lawyer to handle the estate. But who does the lawyer represent if my sister and I disagree on something?

The estate.

My sister will not provide me a copy of mom's will. How do I get a copy?

By requesting one from the attorney or calling the county Recorder's office and asking for a copy.

There is obvious disagreement on splitting the household assets. There is jewelry, furniture, etc. involved. Basically my sister does not want to give me anything. What can I do if we can not come to agreement on the 50/50 split specified in the will?

SHoot her and take everything.... the court will settle all disputes. That's what probate is for. if it's not in the will the Judge will decide.

There is a bank account that was my mom's. My sister is on the account as well. However the account has mysteriously dropped from $15,000 to $800 in a matter of days.

The attorney for the estate should be awar of this and "inform" your sister that a portion of that account belongs to the estate.

My sister and her husband are living in the house and were paying mom rent. At what point do the bills associated with the house become their bills? (cable, electric, gas, etc.)

The bills will become the estate's bills until such time as the estate is settled.

How do I force the appraisal of the house and the buy-out to happen?

PARTITION. It's a wonderful concept

 

[martinm]

So will this all come out in the wash as the lawyer takes the will through the process?

I'm nervous that I am out of state and unable to see what is going on. My sister is slow so it is difficult getting good information from her, I end up getting her interpretation of the information which is usually pretty cloudy.

Do I need my own attorney or should this all resolve itself? The will is pretty clear in how things are to go, and the only stuff we really need to work out are the things not specifically mentioned in the will. At some point in the process do we both have to acknowledge that the assets not mentioned in the will have been split?

Will the lawyer keep me in the loop as decisions are made and things unfold?

Thanks!

 

[martinm]

The bills will become the estate's bills until such time as the estate is settled.

Also, on this point - they were paying rent prior to my mom's death. Shouldn't they continue to pay rent until the estate is settled? I'm concerned that they will continue to live off the estate while this is all going on, that doesn't seem right.

 

[Dandy Don]

So sorry about your loss.

You say your sister has been named "trustee" in the will. The term "trustee" can only apply if there is a trust, which is a separate document from the will. Is there also a trust, or is there NOT a trust and did you mean to say that your sister is the EXECUTOR of the estate?

If sister was named as an account beneficiary or joint account owner on the bank account, then she had the right to get this money out before or after the death occured and it does not go through the probate process.

Theoretically, the estate attorney should be available to answer your questions, but in all honesty, since your sister hired him he is going to be partial to her and she will probably instruct him not to give you answers about anything, which is most unfortunate. To get an objective opinion about anything that happens with the estate or to get your questions answered, it would be wise to hire your own probate attorney if you could afford to do so.

Before you can force the sale, you need to find out your sister's intentions--does she intend to continue living in the home and can she afford to pay you for your share of it or not? What is the total value of the estate? Is there a trust to be administered--if so, how much is in the trust and does IT specify anything about how the house is to be handled?

In fairness to your sister, it does take a few weeks or months for the probate process to be sorted out, so she may not be able to answer all of your questions at this time, so be patient as the process proceeds.

 

[martinm]

So sorry about your loss.

Thank you, and thanks for your help.

You say your sister has been named "trustee" in the will. The term "trustee" can only apply if there is a trust, which is a separate document from the will. Is there also a trust, or is there NOT a trust and did you mean to say that your sister is the EXECUTOR of the estate?
[/B]

There is a trust. I believe the house is covered in the trust, and I'm not sure what else. Possibly stocks, etc. as well. I have been unable to get her to send me a copy of the will, so I have not been able to closely examine it. I don't think there is an executor named but my sister thus far has been doing it all and has been resistant to involve me for reasons unknown. Mom always told me I was intended to be the executor but I don't know that I'm named (I don't think so).

If sister was named as an account beneficiary or joint account owner on the bank account, then she had the right to get this money out before or after the death occured and it does not go through the probate process.

She was a joint account holder prior to her death, but mom's intention was not for her to receive the balance of her checking and savings. My sister has her own account seperate from my mom's - she was on mom's account so that she could help my mom do bills and the like. Does this mean that regardless of mom's intention, this money will end up going entirely to my sister just because she was on the account?

She told me a few days ago that the account (which had 15k in it) is down to $800, but the bills she is mentioning do not anywhere near add up to that. The funeral was paid for out of a money market at the bank. I have no idea where that money is going. I hate to seem greedy but at the same time, that is a lot of money and I know mom wanted all this split.

Theoretically, the estate attorney should be available to answer your questions, but in all honesty, since your sister hired him he is going to be partial to her and she will probably instruct him not to give you answers about anything, which is most unfortunate. To get an objective opinion about anything that happens with the estate or to get your questions answered, it would be wise to hire your own probate attorney if you could afford to do so.

Yeah, that's what I am finding so far. He doesn't seem very forthcoming.

Before you can force the sale, you need to find out your sister's intentions--does she intend to continue living in the home and can she afford to pay you for your share of it or not? What is the total value of the estate? Is there a trust to be administered--if so, how much is in the trust and does IT specify anything about how the house is to be handled?

I believe the trust specifies that the house gets appraised, and she gets first option to buy out my half, and I think that's what she will want to do. But the reality of that doesn't seem to be sinking in.

But if I understand this correctly, at some point the process will FORCE this to happen, correct? (i.e., for one of us to buy the other out, or to have the house sold and split, provided that is what the trust specified).

In fairness to your sister, it does take a few weeks or months for the probate process to be sorted out, so she may not be able to answer all of your questions at this time, so be patient as the process proceeds. [/B]

Will do... my concern is not her being malicious, but she is unable to properly interpret and relay things she is told by the lawyer, so I am unable to get good reliable information from her...not because she is lying or wants to hide anything from me, but simply because she is slow and her interpretation of things is unreliable.

Also, her decision making isn't the best - for instance, she has never lived on her own, her husband and her have lived at the house. I think she has difficulty distinguishing what are the bills of the estate from her own personal bills.

 

[Dandy Don]

Get to the courthouse as soon as you can to get a copy of the will. If it was written properly, it should name who the executor is.

Yes mom made a mistake by putting sister's name as joint account owner as sis can now legally get all of the money.

Talk to a local trust attorney to find out whether a trust beneficiary in your state has the right to request a copy of the trust by sending a certified letter to the trustee. The fact that you have not received a copy of the will or the trust is a red flag that indicates they are trying to keep you in the dark about the value of the estate or about what your share is. Let's hope they will be honest, but there is a temptation that they may try to take more than their fair share without you knowing about it.