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

[MellieP]

Take 12? That was meant to say 2k, right?

I did agree. I planned the wake, after we made the claim on the insurance. The funeral home had to put in a form with our permission to take a cut from our claim.

I never said I didn't agree. But from what I've read, we can be reimbursed for it.

Upon looking at the insolvency filing this morning, I noticed the lawyer claims $5600 toward funeral expenses, none of which were paid by the estate, and the figure is a complete lie. I don't know what she's doing. Sounds like fraud.

 

[HRZ]

You are partially correct, you stand to get reimbursed any advancements you made for funeral expenses AFTER higher priority debts and costs are paid ...and apparently the pot will be empty before those are even paid in full .

 

[MellieP]

Right, I'm well aware of that. That's why I said I won't see any money, and that I'd only be putting in the claim to have on record what the estate owes me. And I'm only interested in doing that to counter the fact that they want to claim I owe the estate money, which I do not, but can't prove with a check or signature from my mom. We're talking in circles.

 

[Zigner]

Right, I'm well aware of that. That's why I said I won't see any money, and that I'd only be putting in the claim to have on record what the estate owes me. And I'm only interested in doing that to counter the fact that they want to claim I owe the estate money, which I do not, but can't prove with a check or signature from my mom. We're talking in circles.

It's not a circle with no ending point...it's a spiral that ends in a point. In the end, if they show that you owe the estate money, they can collect on that without you ever seeing any money on your claim if there still isn't enough money in the estate.

 

[MellieP]

What happens if he tells me he won't put in the claim? Can he legally refuse?

 

[HRZ]

The claim is in once you put it in ...

AS a practical matter it's going to darn impractical for an executor to successfully demand the return of property such as old household furnishings he chose to distribute ( perhaps in lieu of paying a service to clean the stuff out for all we know )


I suppose if you disposed of the furnishings for a net gain of $2.98 you might be required to put $2.98 back in the pot .

But if there was an improper premature distribution of valuable stuff by the executor, the executor may be on hot set to square up the accounts .

SO far it's darn hard to determine if the executor is doing things correctly or not.

 

[MellieP]

Thanks, HRZ, I agree. Because I would have thought he could be removed for the verbal abuse, but this is a completely unfamiliar world to me. I was sure the law would protect me, and I did look up that there is a thing called "hostility towards heirs" that I can file, but everyone tells me it's pointless. And he uses these scare tactics like "You better watch out, we never know what the court will say". For instance, he gave me my mom's jewelry, which included a diamond ring. I had it appraised here in CA and purchased it when the estate became insolvent. The attorney recommended I do so at 33% of the appraisal, and I did. Now he's saying watch out, you never know if the court won't accept an out of state appraisal, they might demand I return the ring to be appraised in MA, in which case I would say "then give me my money back" and he would trick me into returning the ring and put the money towards the attorney fees. I signed a bill of sale, I don't see how the court can say this isn't satisfactory, but I could just "lose" the ring.

I have emails from him demanding the house be cleaned out by a certain date. He made an appointment with 1800junk with the full intention to dispose of everything, including furniture. It would have cost him over 2k to fill up the dumpsters and I did it for free. I hope that email stands up in court of they ask where everything is. I can just see me saying "He told me to dispose of everything" and him screaming at me more. I'm pretty sure he will tell me I am legally responsible for what is missing and I will have to pay up.

 

[HRZ]

Do you jump every time your brother says "jump" .....learn to tune him out 99.73% of the time .

 

[not2cleverRed]

I'm going to repeat this.

Keep looking for receipts for any little thing related to aiding your mother and put them aside.

You know how your brother is. Stop communicating with him, as it only feeds the mess. Communicate about the estate solely with the lawyer.

You are correct that limiting communicating with the lawyer, and keeping those communications to the (legal) point are key to keeping the cost down. Every email a lawyer reads is billable, as is every phone call, and heck, every text. Depending on the increments used, that can add up very quickly.

Apparently you don't know how to write a letter. Look it up. Keep your legal communications simple, sticking to legally relevant facts. Even if you can't find a form for making a claim against the estate, you should be able to at least communicate formally, factually, and unambiguously.

 

[MellieP]

Do you jump every time your brother says "jump" .....learn to tune him out 99.73% of the time .

No, more like I wince whenever he raises his fist. We have a whole life history of him abusing me, mentally, emotionally, physically. I'm human, and this kind of thing factors into one's programming. It has been well established he has me by the cajones. I cut off contact, as I said. But I have no idea what threats to take seriously or not.

 

[MellieP]

I'm going to repeat this.



Apparently you don't know how to write a letter. Look it up. Keep your legal communications simple, sticking to legally relevant facts. Even if you can't find a form for making a claim against the estate, you should be able to at least communicate formally, factually, and unambiguously.

If you're referring to my email quotes, I didn't say I put in a claim already. I was just asking if that counts as one because if I could avoid any contact, I would. I was just asking him to ask the lawyer if it's too late to do so. I'm pretty versed in letter writing, thanks.

 

[justalayman]

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 .

Actually the creditor files a claim with the court and served the personal administrator just as you would with many court actions.

Section 3-803. [Limitations on Presentation of Claims.]
(a) Except as provided in this chapter, a personal representative shall not be held to answer to an action by a creditor of the deceased unless such action is commenced within 1 year after the date of death of the deceased and unless, before the expiration of such period, the process in such action has been served by delivery in hand upon such personal representative or service thereof accepted by him or a notice stating the name of the estate, the name and address of the creditor, the amount of the claim and the court in which the action has been brought has been filed with the register.

Here is an excerpt from a website:

Creditors must ensure thorough compliance with the law in filing their claims. It is not simply enough to give notice of the claim to the Personal Representative, or to just file a Notice of Claim in the probate court. Rather, MUPC § 3-803(a) provides that, before the one-year period expires, the creditor must bring an action against the Personal Representative in the appropriate court, serve the Personal Representative with process by delivery in hand, and file with the register of probate a Notice of Claim stating the creditor’s information and the amount of the claim.

 

[MellieP]

Then it's pointless because I don't live there and cannot make it to court.

What about invoices for the work I did and receipts? Do I have to file a claim in court for those too?

 

[Zigner]

Then it's pointless because I don't live there and cannot make it to court.

What about invoices for the work I did and receipts? Do I have to file a claim in court for those too?

Yes, just like any other creditor.

 

[MellieP]

So I offered to buy the contents of the photo album my brother took, minus the ones of him. This doesn't leave many pictures for me to buy and there's no logical reason he would want my school portraits. I offered $100 over a week ago. My husband contacted him because, as I stated, he is abusive and I will not communicate with him. Husband sent two emails with this offer. No response.

I agree that it will not look good to the court for him as the Executor to decline money offered for items of no monetary value, but it doesn't look like he sees that. Is he legally allowed to ignore contact? I was under the impression he HAD to communicate with the heirs. I made it very clear my husband is communicating on my behalf. He has no issue with my husband, this is all to spite me.