Beneficiaries Disadvantages In Probate

[davethewave2021]

CALIFORNIA I, as a beneficiary to my deceased mothers estate, am finding many disadvantages the way the process is handled. The executor has A big advantage making the process unfair. Firstly, the executor, (in my case) has the luxury of paying their attorney through the estate. Where, I have to pay out of pocket. I can't afford an attorney, therefor, I am trying to do this without one. I cannot get bank statements to see if their numbers are correct. How do I know if they are being honest? Because I'm pretty darn sure they're not. Why does this whole process have to be so lopsided? I feel like the underdog.

 

[Zigner]

CALIFORNIA I, as a beneficiary to my deceased mothers estate, am finding many disadvantages the way the process is handled. The executor has A big advantage making the process unfair. Firstly, the executor, (in my case) has the luxury of paying their attorney through the estate. Where, I have to pay out of pocket. I can't afford an attorney, therefor, I am trying to do this without one. I cannot get bank statements to see if their numbers are correct. How do I know if they are being honest? Because I'm pretty darn sure they're not. Why does this whole process have to be so lopsided? I feel like the underdog.

While it's difficult to read your mind, I can only surmise that you feel it's "lopsided" because you don't believe that what you are receiving from the trust is appropriate. You can know if they're being honest by requesting an accounting.
Let me ask you a question: Why should the trustee (not "executor") pay out of pocket for expenses related to the trust?

 

[quincy]

This you, davethewave2021?

Jan. 2024: https://forum.freeadvice.com/threads/executor-taking-her-sweet-time-california.663825/

Feb. 2024:
https://forum.freeadvice.com/threads/inheriting-a-house.663907/

Apr 2024:
https://forum.freeadvice.com/threads/executor-not-providing-requested-info.664075/

June 2024:
https://forum.freeadvice.com/threads/is-it-a-done-deal-after-distribution.664172/

Did you attempt to do any of what was suggested by forum members that you do to get an accounting from the executor (your sister) prior to distribution?

 

[davethewave2021]

Your statement "You can know if they're being honest by requesting an accounting" I question because the numbers in the accounting are not guaranteed correct. Executors can say there was x amount in bank accounts and I have to take their word for it. Banks refuse to provide me with the numbers so that I can be sure they are not falsifying the totals. I didn't mention they should pay expenses. But not having to pay attorney fees is a huge advantage. Since their attorney fees are paid by the estate doesn't that mean that I'm paying (partially) for their attorney? I mean... It's money deducted from the estate therefor less money to me. When distribution has been done and I can afford an attorney, what course of action is available to me. I'm not happy the way the accounting was done. It's as if there was missing pages. No bank account totals, just the interest made from those accounts. Amounts already deducted are shown again, like it's deducted twice. The executor (my sister) is screwing me. That has been verified by a friend that can find discrepancies better than I.

 

[quincy]

Your statement "You can know if they're being honest by requesting an accounting" I question because the numbers in the accounting are not guaranteed correct. Executors can say there was x amount in bank accounts and I have to take their word for it. Banks refuse to provide me with the numbers so that I can be sure they are not falsifying the totals. I didn't mention they should pay expenses. But not having to pay attorney fees is a huge advantage. Since their attorney fees are paid by the estate doesn't that mean that I'm paying (partially) for their attorney? I mean... It's money deducted from the estate therefor less money to me. When distribution has been done and I can afford an attorney, what course of action is available to me. I'm not happy the way the accounting was done. It's as if there was missing pages. No bank account totals, just the interest made from those accounts. Amounts already deducted are shown again, like it's deducted twice. The executor (my sister) is screwing me. That has been verified by a friend that can find discrepancies better than I.

I get that you don’t trust your sister - but I question the ability of your friend to “verify” anything. When you have the funds available, hire a professional to go over everything. I tend to doubt that any bank would falsify totals.

 

[Zigner]

This you, davethewave2021?

Jan. 2024: https://forum.freeadvice.com/threads/executor-taking-her-sweet-time-california.663825/

Feb. 2024:
https://forum.freeadvice.com/threads/inheriting-a-house.663907/

Apr 2024:
https://forum.freeadvice.com/threads/executor-not-providing-requested-info.664075/

June 2024:
https://forum.freeadvice.com/threads/is-it-a-done-deal-after-distribution.664172/

Did you attempt to do any of what was suggested by forum members that you do to get an accounting from the executor (your sister) prior to distribution?

Good catch. It's THAT guy.

 

[adjusterjack]

Why does this whole process have to be so lopsided?

Sorry, it's because your mother made it that way be appointing your sister as executor.