trust_id_09
Member
What is the name of your state (only U.S. law)? New York
I am a trustee of a 500K estate comprised of five(5) beneficaries including myself. Finally, after much help and input from most of you, I manage to get three out of four to signed a release before $$ is distributed. Even the lunatic foreign beneficiary waived the white flag. I am happy to report that 2 of them received their $$.The foreign guy has to give me a few more info and he'll get his.
But my bad luck, now I have to deal with Ms. Disgruntled.
My biggest contention with Ms. Disgruntled who gets only 15 % of the Estate for reasons known to the settlor.
But she played nice all the while until the final draft of the accounting went out late September as well as a revised affidavit in a form of release (the release paragraph was later added) at the suggestion of my consulting attorney. Thank god.
Ms. narcissistic waited until more than a month later to send me an email ccying an attorney pretending that she does not understand the legaleze about the release. I told her that was fine and I will explain everything the attorney wanted. Until she sent me another email telling to forward copies of the trust and such (already in her possession) to her attorney. I am not going to lie, I put her in her place. She later called my house pleading she didn't retain him and that she was waiting for the money because her car broke down and for her B'day. My reply was if she had questions about anithing she should have asked me. I have an opened-door policy and such. Talking about excess narcissism.
That was a complete blind side. Note that she may have been strapped for cash and sent me a demand letter to get he funds asap. not that simple, there is a statute of limitation of 60 days which was not met yet and the other bene hadn't return their paperwork yet. which what I told her nicely, I was in good term w/ that one all the while. I was warned that she could get some of the funds and go after me later. And sure enough, it almost minifested itself.
Long story short, she began to verbally abuse me making all sorts of unfounded allegations and frivolous demands. She was basically teling me what to do i.e. I should probate her assets, annuities that were claimed by me was not part of the distribution etc... out of rage and being disgruntled.
The accounting (preliminary) went our two months prior to the final draft, there was no complaints then. She asked questions, but not smart ones. To which, I, to the best of ability, mustered the patience to oblige her. She is very unsophisticated and yet very arrogant. Know that type uh!
Mainly, the abuse was that everyone's share decreased by $2400 per my consulting attorney's advice to beef up reserve funds from 15K to 25K. Mind you in the email she sent requesting the funds be dustibuted to her asap, she also sent me her social security # and stated that she's prepared to release me (let it be noted that previous affidavit did not contain a release clause) in order to expedite things. Can I use that statement against her?
I told her not to call me and to put all her requests in writing through her attorney, at her expense, if she is contesting the accounting. I also give her a dead line which was the last day before midnight of the statute of limitation.
Now her new attorney (not the same one she cced; probably too expensive) sent me a list of nearly 20 documents dated back from seven years ago. Trust's 1041 since its inception, copies of deeds and a whole slew of things to produce by Dec. 5th. I wil have to hire an attorney myself.
What I sent was an annual informal accounting. Now that he(her atorney) has requested a formal one; shouldn't it reflect annual transactions and such?
He clearly stated the he intends to file for an accounting petition to the court, but would preffer to resolve it amicably. Could it be, that he is bluffing?
He even sent me the notorized AuthToAppear form signed by Ms. disgruntled.
Should I be concern?
I have no problem with providing information, my problem is that is all misguided and I have to defend allegations that are false, because someone is dissatisfied w/ his/her share. If is not fair? And I am as mad as hell.
If I have to go back that far , I might as well force him to take matter to court and have a judicial accounting. So I won't have have to do the work twice. Any input will be greatly appreciated before I retain an attorney.
There is a second part to my post: I was asked to provide a list of assests for probate. The decedent has no assets to outside the trust except a 1K group Life Insurance that just surfaced and whose beneficiary is her estate from her former employer. That amount is negligible and I know I will have to get a testamentary letter for small estate and such. Should that present a problem w/ medicaid? I don't care; I'd turn that 1K over in a flash to dss if I have to. Except, I don't want more scrutiny form the government in my private affair. I was told to get the letter and The underwriter already told me they would reissue the check in my name as the excecutor instead of the her estate. Don't know what is the difference between the two to be quite frank.
However, in her pour over will the decedent left me all her "Tangible assets"
which have been in my possession for seven years now. The trust is also 7 years old. Do I have to provide details of those bequeathed assets? Is that considered a contest ?
I know it is a very long post but, please forgive for I need the help before seing the attorney.
Many thanks, in advance.
I am a trustee of a 500K estate comprised of five(5) beneficaries including myself. Finally, after much help and input from most of you, I manage to get three out of four to signed a release before $$ is distributed. Even the lunatic foreign beneficiary waived the white flag. I am happy to report that 2 of them received their $$.The foreign guy has to give me a few more info and he'll get his.
But my bad luck, now I have to deal with Ms. Disgruntled.
My biggest contention with Ms. Disgruntled who gets only 15 % of the Estate for reasons known to the settlor.
But she played nice all the while until the final draft of the accounting went out late September as well as a revised affidavit in a form of release (the release paragraph was later added) at the suggestion of my consulting attorney. Thank god.
Ms. narcissistic waited until more than a month later to send me an email ccying an attorney pretending that she does not understand the legaleze about the release. I told her that was fine and I will explain everything the attorney wanted. Until she sent me another email telling to forward copies of the trust and such (already in her possession) to her attorney. I am not going to lie, I put her in her place. She later called my house pleading she didn't retain him and that she was waiting for the money because her car broke down and for her B'day. My reply was if she had questions about anithing she should have asked me. I have an opened-door policy and such. Talking about excess narcissism.
That was a complete blind side. Note that she may have been strapped for cash and sent me a demand letter to get he funds asap. not that simple, there is a statute of limitation of 60 days which was not met yet and the other bene hadn't return their paperwork yet. which what I told her nicely, I was in good term w/ that one all the while. I was warned that she could get some of the funds and go after me later. And sure enough, it almost minifested itself.
Long story short, she began to verbally abuse me making all sorts of unfounded allegations and frivolous demands. She was basically teling me what to do i.e. I should probate her assets, annuities that were claimed by me was not part of the distribution etc... out of rage and being disgruntled.
The accounting (preliminary) went our two months prior to the final draft, there was no complaints then. She asked questions, but not smart ones. To which, I, to the best of ability, mustered the patience to oblige her. She is very unsophisticated and yet very arrogant. Know that type uh!
Mainly, the abuse was that everyone's share decreased by $2400 per my consulting attorney's advice to beef up reserve funds from 15K to 25K. Mind you in the email she sent requesting the funds be dustibuted to her asap, she also sent me her social security # and stated that she's prepared to release me (let it be noted that previous affidavit did not contain a release clause) in order to expedite things. Can I use that statement against her?
I told her not to call me and to put all her requests in writing through her attorney, at her expense, if she is contesting the accounting. I also give her a dead line which was the last day before midnight of the statute of limitation.
Now her new attorney (not the same one she cced; probably too expensive) sent me a list of nearly 20 documents dated back from seven years ago. Trust's 1041 since its inception, copies of deeds and a whole slew of things to produce by Dec. 5th. I wil have to hire an attorney myself.
What I sent was an annual informal accounting. Now that he(her atorney) has requested a formal one; shouldn't it reflect annual transactions and such?
He clearly stated the he intends to file for an accounting petition to the court, but would preffer to resolve it amicably. Could it be, that he is bluffing?
He even sent me the notorized AuthToAppear form signed by Ms. disgruntled.
Should I be concern?
I have no problem with providing information, my problem is that is all misguided and I have to defend allegations that are false, because someone is dissatisfied w/ his/her share. If is not fair? And I am as mad as hell.
If I have to go back that far , I might as well force him to take matter to court and have a judicial accounting. So I won't have have to do the work twice. Any input will be greatly appreciated before I retain an attorney.
There is a second part to my post: I was asked to provide a list of assests for probate. The decedent has no assets to outside the trust except a 1K group Life Insurance that just surfaced and whose beneficiary is her estate from her former employer. That amount is negligible and I know I will have to get a testamentary letter for small estate and such. Should that present a problem w/ medicaid? I don't care; I'd turn that 1K over in a flash to dss if I have to. Except, I don't want more scrutiny form the government in my private affair. I was told to get the letter and The underwriter already told me they would reissue the check in my name as the excecutor instead of the her estate. Don't know what is the difference between the two to be quite frank.
However, in her pour over will the decedent left me all her "Tangible assets"
which have been in my possession for seven years now. The trust is also 7 years old. Do I have to provide details of those bequeathed assets? Is that considered a contest ?
I know it is a very long post but, please forgive for I need the help before seing the attorney.
Many thanks, in advance.