Does writing "loan" in a check notation prove there was a loan?

[HRZ]

OP you are about 100% wrong as to the album, the estate owns it and it's the executors duty to pay bills and distribute what is left . The executor has great latitude in how he handles "stuff" , if he thinks the best outcome is to sell it to corner collectibles store for $2 then that his call. HE is supposed to do the best he can for the estate , so in my example if you bid $4'the executor is supposed to,give that serious consideration. Hey , if you want the album, put in a clear written offer to executor /lawyer for the whole album at say $250. If he wants to out bid you...run an internal auction.

 

[MellieP]

My point was that it's unbelievable that an executor can just take whatever he wants and tell other heirs they can have only the crap. Even if he can't do that as far as monetary value. Ok, he can say everyone can have all the napkins and he'll take the photo album. It's still completely unfair and cruel. It's astounding that this is legal!

I'm not going to stop being extremely upset about this just because you want me to be. I would rather they burned in a fire, at least that would be a valid reason to have lost them. I did nothing to my Brother. He's just a sociopath who wants to be as cruel as can be. He is the ONLY one "not playing nice". I did nothing to him. I offered him my reimbursement when I didn't even have to. He's just a sick person on a power trip.

 

[justalayman]

Somebody has to make the decision and believe it or not, lording over an estate as executor is not fun.

 

[MellieP]

I know, but I would have gladly taken the position if I had any idea what his power entailed. I would never have trusted him to make all the decisions. Even the lawyer claimed she "doesn't know" when all the decisions are final as far as what he says anyone can have.

 

[LdiJ]

My point was that it's unbelievable that an executor can just take whatever he wants and tell other heirs they can have only the crap. Even if he can't do that as far as monetary value. Ok, he can say everyone can have all the napkins and he'll take the photo album. It's still completely unfair and cruel. It's astounding that this is legal!

I'm not going to stop being extremely upset about this just because you want me to be. I would rather they burned in a fire, at least that would be a valid reason to have lost them. I did nothing to my Brother. He's just a sociopath who wants to be as cruel as can be. He is the ONLY one "not playing nice". I did nothing to him. I offered him my reimbursement when I didn't even have to. He's just a sick person on a power trip.

Honey, you brother got in over his head, owes a ton of money to an attorney that cannot be recovered from the estate and as a result, is totally ticked off. He is not a sociopath, he is just upset and thinks that YOU are doing HIM dirty. You are not, but that doesn't change the fact that he thinks so.

And all that stuff? Because the estate is insolvent and owes the attorney, its should all be sold at a yard or estate sale to pay that attorney, even if it wouldn't go for much.

 

[MellieP]

Honey, you brother got in over his head, owes a ton of money to an attorney that cannot be recovered from the estate and as a result, is totally ticked off. He is not a sociopath, he is just upset and thinks that YOU are doing HIM dirty. You are not, but that doesn't change the fact that he thinks so.

And all that stuff? Because the estate is insolvent and owes the attorney, its should all be sold at a yard or estate sale to pay that attorney, even if it wouldn't go for much.

Correct. He didn't accuse me of doing him dirty, but being an "ingrate", which is false. I thanked him many times. He is a sociopath tho. Had not spoken to him for 9 years, neither has our sister (half sister, not an heir). I came very close to reporting him for elder abuse over how he treated my mom. Very ugly, hateful person. If I thought reporting him for hostility towards heirs would yield any results, I would. But everyone tells me judges always favor the executor. He has me by the cajones.

We saved out all the assets that were sell-able. Her medical equipment, her car, et al. He told me to empty the house. He didn't try to sell her furniture. I fear he'll try to come after it, but it's been donated. He told me to empty the house and that his alternative was 1-800-junk. He was otherwise going to dispose of it all. There are no probate assets left to sell.

 

[HRZ]

So drop the drama and make a hefty writtten offer to the executor/attorney for the whole intact album and let them deal with it. The attorney may insist that executor accept money on behalf of estate.....who knows?

 

[MellieP]

I appreciate that advice HRZ. If it comes to that, I will. And I'll cc the attorney.

I'm not causing any drama. I did nothing to him. I tried to help him. As I said, I cut off all contact with him and deferred it to my husband. The only drama came from him.

 

[MellieP]

I just thought about something.

My brother is also withholding my mother's ashes from me. I paid $1,000 to have her cremated and did not put in a claim for reimbursement. When I mentioned the claim to my brother, this is before everything gets declared insolvent in the court, but after the attorney has already negotiated who gets paid. There's no money left after those negotiations. However, I know there's a priority order of who gets paid and that reimbursement is at the top of the list (wasn't sure if it was before executor or attorney) and if such a claim would "bump" a creditor and put the claim ahead of said creditor, that's why I offered the idea to my brother, so he could use that money to put toward the lawyer.

From what people are saying, it would not bump anyone out of the way, I get it. However, should I put in the claim anyway, because it's the same amount as the loan? So that there is evidence on file that the estate owed me that amount so it cancels it out? In actuality my bank statements still show I paid the 1k, but if this would be a wise thing to do, then I will.

 

[justalayman]

If it isn’t too late to file a claim (time is limited) and you are willing to actually forego money paid towards funereal expenses, then that’s exactly what i would do. Then offer to allow the claimd debt and what is owed for funeral expenses. When you do that do not admit to owing the money but merely you unwilling drop the claim for funeral expenses if they will drop the claim for the claimed loan.

 

[MellieP]

I wrote to the attorney today telling her I'd like to officially put in my claim. She has always answered me in the past, and it was billed to the estate. I guess it's a different story now that the estate is out of money, because she said
"I represent the Estate, and therefore Erik as Personal Representative of the Estate. I cannot provide you with legal advice.
As you know, the Estate does not have sufficient funds to pay all known creditors.
You will need to consult with an attorney of your choosing for your own legal questions. "

So that's weird. I did not ask her a question. I already acknowledged that there is no money but I just wanted it on record. I did not ask her for legal advice. I just tried to put in a claim. I know I won't get the money, but I wanted it on record that 2k was owed to me (when they're harassing me over 1k). Her response doesn't make sense. How do I put in a claim if I don't do it via the attorney?

 

[justalayman]

You file a claim with the court.

 

[MellieP]

Oh great. Welp so much for that, because I'm in CA. Unless I can do it online.

 

[HRZ]

You file the claim with the executor . The attorney works for the executor, not you .

In the case of an insolvent estate, don't hold your breath waiting to get paid .

A decent cash offer for the full album puts the executor a bit on the spot...does he ignore cash to pay bills just to spite you ? HIs attorney might not think the executor is being funny to turn down cash if her bill is at risk of not being paid .
In theory the executor is supposed to put the estate first in priority, ahead of personal vendettas.

Old adage, money talks, talk walks .