Sister won’t file

[GElite]

What is the name of your state? Alabama

I’m in a bit of a predicament, my father passed two years ago and my sister was the executor of my fathers estate. After emptying his bank account she refuses to file his estate with the probate court. I am living in, and paying the mortgage on, what was his rental property. She let the bank foreclose on the home he lived in. I don’t know why she won’t file the paperwork but I’m assuming that it’s because she doesnt want to pay taxes on the money she took from his account. I could really care less why, the problem is that the mortgage company on the property where I live wants a judgement from probate showing I was awarded the property before they will put it in my name. I just need to know what my options are? I just don’t know what to do from here. Thanks for any help anyone can offer. Thanks.

 

[adjusterjack]

I just need to know what my options are?

That's easy. You open probate and ask to be representative of the estate. If you don't have, or can't get, your father's will, you open probate under intestacy. When you are appointed by the court as representative, you will have the power to take over everything and hold your sister accountable for the money she took, if she took it wrongly. Once you start controlling everything your sister is likely to come across with the will, if there is one, and handle the estate properly.

You will need to hire a probate attorney if you expect to handle this right.

 

[GElite]

That's easy. You open probate and ask to be representative of the estate. If you don't have, or can't get, your father's will, you open probate under intestacy. When you are appointed by the court as representative, you will have the power to take over everything and hold your sister accountable for the money she took, if she took it wrongly. Once you start controlling everything your sister is likely to come across with the will, if there is one, and handle the estate properly.

You will need to hire a probate attorney if you expect to handle this right.

Thank you very much. There is a will, she has it. I do know the Attorny that helped my father with the will. I don’t know if he will give me a copy but wouldn’t a copy be on file with the probate court?

 

[adjusterjack]

Thank you very much. There is a will, she has it. I do know the Attorny that helped my father with the will. I don’t know if he will give me a copy but wouldn’t a copy be on file with the probate court?

The original of the will would be on file with the probate court if she actually opened probate but your first post said

she refuses to file his estate with the probate court.

A copy of the will might help you figure things out but it won't be acceptable to the court.

Call the probate court Monday. If there is a file opened, go to the court and get copies of everything in it so you can figure out what's happening. Come back for further discussion after that if you like.

Condolences, by the way.

 

[GElite]

The original of the will would be on file with the probate court if she actually opened probate but your first post said



A copy of the will might help you figure things out but it won't be acceptable to the court.

Call the probate court Monday. If there is a file opened, go to the court and get copies of everything in it so you can figure out what's happening. Come back for further discussion after that if you like.

Condolences, by the way.

I called the attorny and he says that she never retained him and nothing has been filed with the court. I just didn’t know if the will was somehow documented with the court when he made it. I apologize for my ignorance, I don’t know how any of this works. I just assumed that something would be on file so that if somebody doesn’t like what’s in the will it can’t just disappear when the person dies. So basically since nothing has been filed I can just file it as if there was no will and if she chooses to produce a will and contest it she can. My father refinanced his rental property for $36,000 two months before he died and according to her, she has no idea what happened to it, however she did have a $20,000 pool installed at her house just months after he passed. She knew that his funds would be frozen for up to two years if she filed and taxes would have to be paid on it. She already had the money so she saw no need to do anything else with his estate. I’m assuming that what she did is illegal?

 

[bcr229]

You need to find out how the bank gave your sister that money (assuming it was in a bank and not in cash at your dad's house). If she was listed as the beneficiary on the bank account then the money would have gone to her outside of probate.

 

[GElite]

You need to find out how the bank gave your sister that money (assuming it was in a bank and not in cash at your dad's house). If she was listed as the beneficiary on the bank account then the money would have gone to her outside of probate.

I already know how she got it. Our youngest sister has down syndrome and my father put her on his account so that her disability could be direct deposited. She got my sister to sign a blank check and they went to the bank and emptied it out. Of course my younger sister had no idea what she was doing.

 

[GElite]

I Should also mention that my father remortgaged his rental property because he owed a debt and he thought that the debtor would come after his rental property so he remortgaged it to make it not worth taking. He didn’t need the money.

 

[bcr229]

You definitely need to run to a probate attorney.

 

[adjusterjack]

You definitely need to run to a probate attorney.

Ditto that.

The court might be able to claw back the money that your sister got your other sister to unknowingly sign for.

 

[t74]

Since your youngest sister is disabled and some of the money in the account was hers, you should talk to the adult protective services. They have a hotline.

The fact that she is also likely a beneficiary of your father's estate may also be considered exploitation.

You should look at the statutes but definitely get an attorney. The fact a disabled individual is involved makes this a priority situation.

 

[t74]

What I will add that I found in speaking with both adult protective services and the local police department (Yes, financial abuse of the disabled and elderly in this other state could rise to the level of a felony; I am not sure about AR.) that it is essential that there be a qualifying victim of the abuse. Be sure you deal with the problem from your disabled sister's situation and not yours unless you also qualify for protection. While you are likely also a victim, your circumstance will likely be insufficient for them to investigate it as a criminal offense. It all depends on the statutes. If they solve her problems, yours will likely be solved - or the solution facilitated - by doing so.

If you have a social service agency that deals with general problems of the disabled, see if they have attorneys they can refer you to speak with. Assistance for your sister is very important since her funds are likely still being deposited to this account. You also need to make certain your sister has a proper guardian and hope it is not the problem sister.

I see the potential of criminal exploitation of you disabled sister a far greater problem than the issue of the probate of the will. Please report back that you have found help.

PS, There are several very helpful posters on probate issues on this forum!

 

[GElite]

My sister hasn’t exploited my disabled sister. My father made her the conservator over my younger sister in his will. My sister lives with her now in Fort Worth. My sister did use her to empty out my fathers bank account but she would have gotten that money eventually anyway. My father pretty much left everything to my older sister, according to his will. Because there was no equity in the rental property she let me take it over and I’ve been making the payments for a little over two years. My sister lied and told me that she was taking care of everything and that when his estate closed at the end of two years the property would be put in my name but my sister has done absolutely nothing. I don’t know why she hasn’t filled with the probate court. I can only assume that it is so she won’t have to pay tax on the money she took out of his account and to prevent any debtors from being awarded what’s owed to them by the court. That’s the only reason I can think of why she refuses to file. I have to do something so this property is awarded to me so I will absolutely do whatever I need to do and my sister will just have to live with whatever happens. If she broke the law she has to live with the repercussions from what she has done.

 

[t74]

My sister hasn’t exploited my disabled sister. My father made her the conservator over my younger sister in his will. My sister lives with her now in Fort Worth. My sister did use her to empty out my fathers bank account but she would have gotten that money eventually anyway. My father pretty much left everything to my older sister, according to his will. Because there was no equity in the rental property she let me take it over and I’ve been making the payments for a little over two years. My sister lied and told me that she was taking care of everything and that when his estate closed at the end of two years the property would be put in my name but my sister has done absolutely nothing. I don’t know why she hasn’t filled with the probate court. I can only assume that it is so she won’t have to pay tax on the money she took out of his account and to prevent any debtors from being awarded what’s owed to them by the court. That’s the only reason I can think of why she refuses to file. I have to do something so this property is awarded to me so I will absolutely do whatever I need to do and my sister will just have to live with whatever happens. If she broke the law she has to live with the repercussions from what she has done.

The issue is your disabled sister being used to obtain the money in the account the way it was done. It may fit the legal definition of exploitation. It does not matter that it would have eventually gone to the other sister; it matters that there is a legal process that needed to be followed. Since your sisters live in TX, the information link below is important.

I still suggest that you discuss the situation with authorities .and an attorney

I would be concerned about your disabled sister having been used by a person entrusted with her care.


https://www.dfps.state.tx.us/Everyones_Business/documents/English-Abuse-Brochure.pdf

 

[GElite]

The issue is your disabled sister being used to obtain the money in the account the way it was done. It may fit the legal definition of exploitation. It does not matter that it would have eventually gone to the other sister; it matters that there is a legal process that needed to be followed. Since your sisters live in TX, the information link below is important.

I still suggest that you discuss the situation with authorities .and an attorney

I would be concerned about your disabled sister having been used by a person entrusted with her care.


https://www.dfps.state.tx.us/Everyones_Business/documents/English-Abuse-Brochure.pdf

I understand and I appreciate the info. I will definitely tell the attorny exactly what happened and I will check out the link. Thanks again, I really do appreciate it.