Question about executor of fathers will.

[Art_diesel]

Don't let any grass grow under your feet! You have some serious problems with this will and the estate. And one of the first things that I would do is to move to have the estate administered formally, that is, under supervised administration as provided by Idaho Code Section 15-3-501.

Which means that the administration and settlement of your father’s estate will be under “the continuing authority of the probate court”.

I would also have the attorneys examine the will to see if there is a possibility that it its execution fell short of the required formalities. If the document can somehow be disregarded, that would throw the estate into intestacy and you and your sister would qualify as PR’s and the niece and her husband would be out in the cold.

But you need to move quickly! An informal administration of an estate under the Uniform Probate Code (such as Idaho) is a license to steal! And it takes just a matter of hours or less to get those “Letters Testamentary” issued and certified by the clerk.

Can I do this even though my dad is still alive?

 

[OHRoadwarrior]

IMO, you are somewhat of a vulture. My father wanted to stay in his home. He did so until the last year and a half of his life, when he spent most of the time in the hospital or my home. When he died, over half of his estate went to the caregiver who had taken care of him there for several years. It was the way he wanted to live, with his money. It was the way he wanted to die and the way he wanted his estate distributed. If you respect dad, you will renounce anything you need to, to let him choose how he lives and lets his money be distributed.

 

[Art_diesel]

I'm not certain what time you are referring to here. But, by statute:

well that sounds like what i just said."reasonable compensation"

 

[Art_diesel]

IMO, you are somewhat of a vulture. My father wanted to stay in his home. He did so until the last year and a half of his life, when he spent most of the time in the hospital or my home. When he died, over half of his estate went to the caregiver who had taken care of him there for several years. It was the way he wanted to live, with his money. It was the way he wanted to die and the way he wanted his estate distributed. If you respect dad, you will renounce anything you need to, to let him choose how he lives and lets his money be distributed.

how am i a vulture? he states in his will he wants my sister and i to get everything. Does anybody have a clue here? My issue is what if the executor doesnt honor the will? Thats the advice i was looking for. Oh another thing, my dad has about a year to live, he shouldnt be living alone. Ive been telling him that for the last year now.

 

[anteater]

Originally Posted by latigo
Don't let any grass grow under your feet! You have some serious problems with this will and the estate. And one of the first things that I would do is to move to have the estate administered formally, that is, under supervised administration as provided by Idaho Code Section 15-3-501.

Which means that the administration and settlement of your father’s estate will be under “the continuing authority of the probate court”.

I would also have the attorneys examine the will to see if there is a possibility that it its execution fell short of the required formalities. If the document can somehow be disregarded, that would throw the estate into intestacy and you and your sister would qualify as PR’s and the niece and her husband would be out in the cold.

But you need to move quickly! An informal administration of an estate under the Uniform Probate Code (such as Idaho) is a license to steal! And it takes just a matter of hours or less to get those “Letters Testamentary” issued and certified by the clerk.

Can I do this even though my dad is still alive?

No. I believe Lats misunderstood and thought that your father had already passed away.

I don't know if it is experience or what, but Lats has this real paranoid streak about fiduciaries. And it seems that it has fed your paranoia.

Look... I don't see that you have any evidence that The Niece is just waiting for an opportunity to rip you off. Put yourself in her shoes. Would you like someone treating you as a potential thief?

The only problem my pro found with the will was about my dads house. It states she can rent the house out as long as she sees fit.

Without actually seeing that provision... I speculate that it is probably a pretty standard will provision that grants the PR the powers needed to properly manage the estate's assets. Depending upon the complexity of the estate, the PR may be able to distribute the assets reasonably quickly. But let's say that it appears that it will take a year or more to settle the estate (or sell the house, if that is appropriate). Would you want the house to sit empty gobbling expenses?

 

[OHRoadwarrior]

You stated you were and I concur to a point. You are scrambling to grab rights to everything dad owns, while trying to prevent what is a rightful claim to part of the estate, as compensation for taking care of dad under his terms.

 

[Art_diesel]

No. I believe Lats misunderstood and thought that your father had already passed away.

I don't know if it is experience or what, but Lats has this real paranoid streak about fiduciaries. And it seems that it has fed your paranoia.

Look... I don't see that you have any evidence that The Niece is just waiting for an opportunity to rip you off. Put yourself in her shoes. Would you like someone treating you as a potential thief?



Without actually seeing that provision... I speculate that it is probably a pretty standard will provision that grants the PR the powers needed to properly manage the estate's assets. Depending upon the complexity of the estate, the PR may be able to distribute the assets reasonably quickly. But let's say that it appears that it will take a year or more to settle the estate (or sell the house, if that is appropriate). Would you want the house to sit empty gobbling expenses?

No ofcourse not, you have a great point with regards to renting the house out. Thats funny about what u said about Lats Paranoia and yes it has fueled my already big sense of paranoia also. Like i said i could be wrong about the niece but its a lot of power she has for someone my dad hasnt known for very long. it saddens me...

 

[Art_diesel]

You stated you were and I concur to a point. You are scrambling to grab rights to everything dad owns, while trying to prevent what is a rightful claim to part of the estate, as compensation for taking care of dad under his terms.

it says in his will the personal representative will make no money of his estate.

 

[Zigner]

it says in his will the personal representative will make no money of his estate.

Well then - your best bet is to sit back and wait until you come in to your inheritance.

 

[Art_diesel]

Well then - your best bet is to sit back and wait until you come in to your inheritance.

yeah im pretty much doing that. I was just hoping to get some legal advice on what happens if the will isnt honored. I dont know what my rights are.

 

[Zigner]

yeah im pretty much doing that. I was just hoping to get some legal advice on what happens if the will isnt honored. I dont know what my rights are.

What you are doing is posting a hypothetical. This thread is exactly why we don't DO hypotheticals on this board. No matter WHAT answer you get, you're going to come up with new variables.

 

[Ohiogal]

Ouch! I guess I am the vulture. I always thought that parents leave there estates to their children. Im leaving my house to my kids. Im making my wife and her aunt an executor. Two people I trust with all my heart. And I know they'll make the best decisions possible.
Its funny how people are attacking me on here. Ive known my dad for 40+ years and shes known my dad for 4 years. Im starting to think most of the people on here are crazy and have no life. Really shows how messed up this country is when a lot of people are so miopic.
My friend Steve said it best. I asked him if Im being selfish or greedy worrying about the niece stealing from my dads estate. He said "no, not at all." He proceeded to tell me the story of his mom. Shes leaving him her house in Texas. Now Steve is a very god loving Christian and wouldnt hurt a soul. Hes the nicest man Ive ever met in my entire life. Id follow this guy to hell and back. Thats how much I love this guy. So he said that he loves his mom very much and he'll miss her when shes gone but its nice that shes leaving him the house. He has something to fall back on. So its normal for parents to leave there kids things. You can judge me all you want but yes, hes my dad and Im entitled to his things especially when he states that in his will! Ive never manipulated him in any way. He wants my sister and i to get everything not the niece. So please get your head out of your ass. Plus this thread has gone crazy. I only wanted advice to protect myself if the executor doesnt honor the will. Nothing more and nothing less.

You can't cut your wife out. She is entitled to take against the will the amount allowed to her by intestate succession.

 

[OHRoadwarrior]

What you are doing is posting a hypothetical. This thread is exactly why we don't DO hypotheticals on this board. No matter WHAT answer you get, you're going to come up with new variables.

It seems what OP wants is for us to find a way to thwart the conflict with dad wanting to live his life and its conflicts with state law and fairness.

 

[anteater]

I have a solution...

The OP begins to call, email, etc. The Niece every other day asking for this, that, and the other thing. Demanding that she swear a blood oath to follow the will's provisions. Inferring that The Niece and her family are guilty until proven innocent.

Sooner or later, it will dawn on The Niece that administering the estate is going to involve a constant barrage of "inquiries" from a certain beneficiary. And maybe she will finally say:

"You know, Art. I was prepared to administer the estate and do it without requesting any of the compensation that would normally be permitted. But I can see that doing so will be a major PITA. So, I tell you what... When the time comes, I will decline to serve and you can come up here and petition the court to be named as the administrator. Just don't ask me for any help. I'm sure that you will enjoy all the time that you have to spend here attending to estate maters. Or the amount you will have to pay an attorney to do so. It really is lovely country up here."