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Thread: Question about executor of fathers will.

  1. #1
    Art_diesel is offline Member
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    Question about executor of fathers will.

    Hi everyone, this is my first post on this forum. This is a two question thread. My father lives in Twin Falls Idaho and I currently live in Henderson/Las vegas Nevada. My father had a will prepared this past February. He's 86 years old and dying of stage 4 lung cancer. I was lucky enough to get a copy and read it recently. It has my sister and I as the sole beneficiaries. It states that everything will be divided 50-50. That seemed good to me but then on page 3 I believe it states my father has named his niece and her husband as the executor's. I didnt really know anything about executors until I googled it the other day. Im came back after reading some stories with quite a bit of anxiety. Most of the articles Ive read seem to state how the executor has stolen or embezzled from the deceased. So obviously Im very worried because my dad has only known this person for about 4-5 years. She takes him to his doctor appointments and gets his groceries. Its been hard on me because for the last few years Ive wanted to get him moved down either to my house or my mothers house. We've all offered to care for him but he insists on living up there and he also lives alone. I do talk to the niece on the phone and she keeps telling me that she cares for my dad deeply and says she will honor the will. I want to believe her but people always say one thing and do the opposite. Two points on the will besides the executors that I dont like. One paragragh says something to the effect that if the executor doesnt feel like dispersing an item they dont have to. It was a very vague sentence and make me worried that if she decided to keep my dads house she would be able to. The other point is at the end of the will. It states that any beneficiary who contests the will in any way will be cut from the will. That sentence blew me away. Its almost like the will contradicts itself. It starts out by saying the beneficiaries split everything but then later it says its really up to the executor and dont even bother challenging them. Seems like a lose for the beneficiaries and a win for the executor. Also my dad signed with an attorney because he has Mesothelioma. That is lung cancer from asbestos. He was in the Navy for 30 years. I actually found the law firm online and my dad signed with them recently. Ofcourse the niece sat in with my dad and the lawyer. Theres a possiblity my dad will get close to or more than a million dollars.
    The problems Im havinmg are that my father doesnt realy tell me anything. I keep asking him and asking him and he really doesnt want to talk about it. My question to anyone reading this very long thread is what do i do? Is there anything I can do? Im worried this person is going to take everything my dad is suppose to leave me and my sister. Lots of sentimental things like pictures and all my dads Navy stuff. Should I be worried? Also if my dad gets the settlement from the lawsuit will she be awarded the money? From what Ive already been told the lawsuit would turn into a wrongfull death lawsuit and only the kids of the deceased would recieve whatever is awarded. If anyone can give me some advice and point me in the right direction Id really appreciate it. Thanks in advance
  2. #2
    latigo is offline Senior Member
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    Quote Originally Posted by Art_diesel View Post
    Hi everyone, this is my first post on this forum. This is a two question thread. My father lives in Twin Falls Idaho and I currently live in Henderson/Las vegas Nevada. My father had a will prepared this past February. He's 86 years old and dying of stage 4 lung cancer. I was lucky enough to get a copy and read it recently. It has my sister and I as the sole beneficiaries. It states that everything will be divided 50-50. That seemed good to me but then on page 3 I believe it states my father has named his niece and her husband as the executor's. I didnt really know anything about executors until I googled it the other day. Im came back after reading some stories with quite a bit of anxiety. Most of the articles Ive read seem to state how the executor has stolen or embezzled from the deceased. So obviously Im very worried because my dad has only known this person for about 4-5 years. She takes him to his doctor appointments and gets his groceries. Its been hard on me because for the last few years Ive wanted to get him moved down either to my house or my mothers house. We've all offered to care for him but he insists on living up there and he also lives alone. I do talk to the niece on the phone and she keeps telling me that she cares for my dad deeply and says she will honor the will. I want to believe her but people always say one thing and do the opposite. Two points on the will besides the executors that I dont like. One paragragh says something to the effect that if the executor doesnt feel like dispersing an item they dont have to. It was a very vague sentence and make me worried that if she decided to keep my dads house she would be able to. The other point is at the end of the will. It states that any beneficiary who contests the will in any way will be cut from the will. That sentence blew me away. Its almost like the will contradicts itself. It starts out by saying the beneficiaries split everything but then later it says its really up to the executor and dont even bother challenging them. Seems like a lose for the beneficiaries and a win for the executor. Also my dad signed with an attorney because he has Mesothelioma. That is lung cancer from asbestos. He was in the Navy for 30 years. I actually found the law firm online and my dad signed with them recently. Ofcourse the niece sat in with my dad and the lawyer. Theres a possiblity my dad will get close to or more than a million dollars.
    The problems Im havinmg are that my father doesnt realy tell me anything. I keep asking him and asking him and he really doesnt want to talk about it. My question to anyone reading this very long thread is what do i do? Is there anything I can do? Im worried this person is going to take everything my dad is suppose to leave me and my sister. Lots of sentimental things like pictures and all my dads Navy stuff. Should I be worried? Also if my dad gets the settlement from the lawsuit will she be awarded the money? From what Ive already been told the lawsuit would turn into a wrongfull death lawsuit and only the kids of the deceased would recieve whatever is awarded. If anyone can give me some advice and point me in the right direction Id really appreciate it. Thanks in advance
    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.
    Last edited by m martin; 04-26-2012 at 04:19 PM.
  3. #3
    curb1 is offline Senior Member
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    A critical thing to be aware at this stage is who is named on your father's bank accounts. Often an elderly person will put the name of a convenient (think niece) person to help out paying bills, etc. Many people don't realize, but depending on how these accounts are titled, the money can go directly to that person on death and totally bypass the wishes listed on the will.

    You need to know exactly how all of his assets are titled. All of these assets have the easy possibility to pass directly to someone else and the wishes listed in the will could be basically worthless. You should check today. Any retirement accounts, or insurance? Who are the beneficiaries listed on them? Does he own a house? How is it titled? You need to hop in your car and take a trip to see him for a variety of reasons, most of all because he is your father and close to death.

    Also, you should be very thankful that someone is helping your father.
  4. #4
    Art_diesel is offline Member
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    thank you both for the great advice. The problem is my dad doesnt tell me anything. Ive been trying to get information out of him for a long time. He told my sister the other day that he thinks that im just out for his money. it really hurts me when he says that because its not even close to being true. I dont want my father to lose everything to someone he hardly knows. I am a signor on his main bank account, but I dont kow if he has any other accounts. Im going to get more aggressive and ill post back my progress.
  5. #5
    Zigner is offline Senior Member
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    You have not mentioned, not even once, that you have any concerns about your father's mental competency. At this point, your father is doing what your father wants to do with his own "stuff." Do your best to remember that the "stuff" (including the possible huge lawsuit payout) is HIS "stuff" and you'll have a much easier time accepting that it's not YOUR stuff.
  6. #6
    smorr is offline Member
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    Art-diesel - you don't need to have your dad tell you anything. It appears that the Will speaks for itself. I see a greedy niece trying to get hold of your father's estate. Regardless of whether or not you and your sister are named as beneficiaries, this niece can effectively take full control of that as well and deny you any benefits under the will simply by being the Executor. Executors have a lot of power - more so than an administrator (Executor is named by the person making the will - Administrators are appointed by the court). Take the advice of Latigo and please take the steps to remove the full control of the niece as soon as you can. SHE is the one out for your dad's money, property and anything else she can get from you, your sister or him. She's been in the picture four years. You've been there all your life. My mother was a victim of the same thing - her sister did this to the siblings when she had the mother sign a will giving her executor rights. I've seen the heartache it caused my mother. The will was finally disproved, but it took years (eleven to be exact) of court proceedings, depositions, etc. to make things right. Curb1 - the info you give is nice, but I think you're wrong on the niece's true intentions. This will be evident when the two siblings get the court involved in their father's will. This sweet niece is going to turn into a raging maniac. Art-diesel - I wish you and your sister the very best of luck!
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  7. #7
    Art_diesel is offline Member
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    Quote Originally Posted by curb1 View Post
    A critical thing to be aware at this stage is who is named on your father's bank accounts. Often an elderly person will put the name of a convenient (think niece) person to help out paying bills, etc. Many people don't realize, but depending on how these accounts are titled, the money can go directly to that person on death and totally bypass the wishes listed on the will.

    You need to know exactly how all of his assets are titled. All of these assets have the easy possibility to pass directly to someone else and the wishes listed in the will could be basically worthless. You should check today. Any retirement accounts, or insurance? Who are the beneficiaries listed on them? Does he own a house? How is it titled? You need to hop in your car and take a trip to see him for a variety of reasons, most of all because he is your father and close to death.

    Also, you should be very thankful that someone is helping your father.
    Actually I was up there three weks ago. He did add me to his main bank account so i can atleast monitor whats going in and out. The problem is my dad is and always has been very shady aout things.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by Art_diesel View Post
    Actually I was up there three weks ago. He did add me to his main bank account so i can atleast monitor whats going in and out. The problem is my dad is and always has been very shady aout things.
    This statement is VERY telling.
  9. #9
    Art_diesel is offline Member
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    Quote Originally Posted by Zigner View Post
    You have not mentioned, not even once, that you have any concerns about your father's mental competency. At this point, your father is doing what your father wants to do with his own "stuff." Do your best to remember that the "stuff" (including the possible huge lawsuit payout) is HIS "stuff" and you'll have a much easier time accepting that it's not YOUR stuff.
    My dad is still mentally sharp. He trusts his niece because she has been there for him when I havent been. I have a family of my own that im raising. Plus ive tried to get him for many years to move down here and Ive told him many times that we'd take care of him but he would rather live alone. Yes it is his "stuff" but he has made it clear he wants his son and daughter to have it. He just doesnt understand the full power of the executor and cant believe his niece of four years would steal from him. Ive known my dad for 40 years, I think Im more family then some niece that just showed up out of nowhere. Atleast try to put yourself in my shoes. Im not even going to have any say in my own fathers funeral! Ill probably have to stay in a hotel while im up there. Plus the fact that im losing my dad. I get nauseous thinking about the niece and her daughters going thru my dads private things. Ill be lucky to get any of my dads military or family pictures. The sentimental stuff is really important to me.
    Last edited by Art_diesel; 04-26-2012 at 04:59 PM.
  10. #10
    Zigner is offline Senior Member
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    Your dad is an adult who is mentally sharp. He has every legal right to make his own decisions. I'm sorry that his decisions don't fall in line with your desires.
  11. #11
    Art_diesel is offline Member
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    Quote Originally Posted by Zigner View Post
    This statement is VERY telling.
    Well I didnt mean it in a very bad way. My dad isnt a communicator. Im the opposite in that I express myself and I dont keep anything inside. If somethings bothering me im pretty quick to resolve the issue.
  12. #12
    Art_diesel is offline Member
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    Quote Originally Posted by Zigner View Post
    Your dad is an adult who is mentally sharp. He has every legal right to make his own decisions. I'm sorry that his decisions don't fall in line with your desires.
    can you troll someone elses thread please? Thanks
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by Art_diesel View Post
    can you troll someone elses thread please? Thanks
    Oh, I'm sorry. The legally correct answers bother you, hmmmm?
  14. #14
    Art_diesel is offline Member
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    Quote Originally Posted by Zigner View Post
    Oh, I'm sorry. The legally correct answers bother you, hmmmm?
    you havent said anything legally correct!
  15. #15
    Zigner is offline Senior Member
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    Quote Originally Posted by Art_diesel View Post
    you havent said anything legally correct!
    Actually, my answers have been legally correct. Legally, you have no say in how your mentally competent father handles his estate. He is free to establish a will in any manner that he wishes. What you have told us about his actions gives no indication that he has done anything other than exactly what he wants to do.
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