Probate Hearing

[DaisyMc]

What is the name of your state?Virginia

My brother is the executor of my mom's estate; she died April, 2001. He sold my mom's condo for a loss and gave us each about 50,000.Several months ago, his attorney sent us a letter, asking us to sign a paper, releasing the executor for the ring, as he didn't know where it was located. If I signed the paper, he would then send me the $4,000 which he had held out for my share of the ring. I signed the paper and never heard from him again until a few days ago.He sent us an accounting of her estate and says he is charging me for her $l2,000 ring which I don't have. He is dividing the remainder of the estate(around 10,000) with himself and my sister to allow for the ring. I have asked for a hearing. I was sent a letter from the commissioner of accounts asking me for several dates I would be available. He also gave himself around $l4,000 as his commission, and $4,000 for his attorney. The amount of my mom's estate was only about $250,000....a condo that she lived in. He was to divide her belongings equally...He didn't. Do I need an attorney for this hearing and is his commission too much?

 

[Dandy Don]

You would need to talk to a local probate attorney in your area to find out what the executor compensation rate is--the law mentions it only as "reasonable compensation".

Why did you sign the form releasing the executor for the ring?

 

[DaisyMc]

Probate hearing

I signed the release form, because according to the attorney, no one knew where the ring is. He said everyone would sign the paper and the money would be distributed. What is involved in a hearing. Is an attorney necessary...does the commissioner of accounts think you don't respect the law by not hiring an attorney?

 

[Dandy Don]

This is something that only a local probate attorney can advise you on, since it is highly unlikely that a Virginia attorney would be reading this website.

An attorney is probably not necessary right now--just explain the truth of the situation as you see it. Were other people asked to sign this form? It seems as if you were tricked into signing something that was not really needing to be signed for, but you can explain that you were merely trying to be agreeable and cooperative and perhaps did not fully understand what you were signing and/or why. It seems like this executor is scheming to try to cheat you out of what is rightfully yours or somehow trying to misappropriate estate assets. Try to ask if there is some other solution to this situation that can be achieved.

How odd that no one knows where the ring is--where was it purchased, who could testify or sign a statement as to when they saw your mother wear it, have you all checked pawn shops to see if it has been redeemed there, etc.

 

[DaisyMc]

Hearing

Thank you Dandy Don for your help and previous information. Can you tell me what a probate hearing is like? Does the commissioner of accounts expect that I should have an attorney out of respect for the court, or do I go by myself? Is anyone else (my husband or family members) allowed to attend the hearing....is it like court? Will I be given a chance to question the
final accounting and why I am being charged for the ring?
Am I allowed to see the bank statements and financial papers before the hearing or are these shown at the hearing?How do I prepare for this hearing?