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For you attorney's out there...Probate Question
Posted on 6/30/21 at 1:00 pm
Posted on 6/30/21 at 1:00 pm
My father passed away last August. My brother was named executor. As of today he has not communicated anything, will not list assets, agree to sell properties and has told us that he can do what he wants and does owe any of his siblings any information. Today I was reading the will and wondered what this meant:
I direct that there be an independent administration of my estate, and that my executor serve without bond, and I do specifically waive, insofar as I way, all legal formalities other than the probate of this will, including therein the giving of bond, appraisement, inventory and accounting.
What the heck does that mean/
I direct that there be an independent administration of my estate, and that my executor serve without bond, and I do specifically waive, insofar as I way, all legal formalities other than the probate of this will, including therein the giving of bond, appraisement, inventory and accounting.
What the heck does that mean/
19
Posted on 6/30/21 at 1:01 pm to RedShirt
Law board.
Posted on 6/30/21 at 1:02 pm to A Smoke Break
didn't know there was a law board
Posted on 6/30/21 at 1:02 pm to RedShirt
Sounds like your brother is failing at his duty as executor.
Does the will list any remedies if the executor is not executing his duties?
Not a lawyer or legal advice btw.
Does the will list any remedies if the executor is not executing his duties?
Not a lawyer or legal advice btw.
Posted on 6/30/21 at 1:03 pm to RedShirt
It means he still has to probate the will. If has not done so yet, you should hire an attorney. As an heir, you can force the probate.
Posted on 6/30/21 at 1:04 pm to RedShirt
It means eat more tomatoes for a healthy probate.
Posted on 6/30/21 at 1:04 pm to SpencerRob
It's just hard to know that is the right thing to do. I suppose talking to an attorney should be the next logical step.
Posted on 6/30/21 at 1:05 pm to RedShirt
Lots of probaters post here on the OT.
Posted on 6/30/21 at 1:06 pm to RedShirt
quote:
It's just hard to know that is the right thing to do. I suppose talking to an attorney should be the next logical step.
You answered your own question. Const an attorney in your area.
Posted on 6/30/21 at 1:06 pm to RedShirt
What do you think it means when the will specifically waives appraisement, inventory and accounting?
Posted on 6/30/21 at 1:07 pm to RedShirt
Your brother sounds like a real shitbag. Great choice Dad!
Posted on 6/30/21 at 1:08 pm to RedShirt
Amazing what people turn into when it comes to wills and inheritance
Posted on 6/30/21 at 1:10 pm to RedShirt
Independent administration means the executor can administer the estate without court authority/oversight. The executor still has to act as fiduciary to the legatees with respect to the assets and will eventually have to file a descriptive list or accounting of the estate assets.
This is not leagal advice, baw - talk to an attorney experienced in succession law. You have rights as a legatee/heir and can force certain things.
This is not leagal advice, baw - talk to an attorney experienced in succession law. You have rights as a legatee/heir and can force certain things.
Posted on 6/30/21 at 1:14 pm to RedShirt
Did he file a petition to probate?
Posted on 6/30/21 at 1:14 pm to LazloHollyfeld
quote:
This is not leagal advice, baw -
Maybe not, but it is pretty spot on as I recall.
Posted on 6/30/21 at 1:15 pm to RedShirt
Don’t have an answer to your question but my dad doesn’t have a will and told me numerous times that he wants me to have everything. I have two other siblings, I told him I don’t want anything and will not fight anyone over his money. People turn into crazed animals when free shite is involved. I don’t want any of that shite
Posted on 6/30/21 at 1:16 pm to Meauxjeaux
What do you think it means when the will specifically waives appraisement, inventory and accounting?
I have no idea.
I have no idea.
Posted on 6/30/21 at 1:24 pm to RedShirt
Not all wills are enforceable as written.
The language in the will matters.
Im no attorney and that isnt legal advice
Legal advice is get a lawyer.
The language in the will matters.
Im no attorney and that isnt legal advice
Legal advice is get a lawyer.
Posted on 6/30/21 at 1:26 pm to East Coast Band
quote:
Amazing what people turn into when it comes to wills and inheritance
Truth. That's why it's important to have all of this discussed and decided long before the loved one dies and then have it in a notarized will with copies to any of the named parties who may want it.
My mother has discussed her estate ad nauseum with my sister and I as well as having had us sign as witnesses on her will, given us copies, etc. My sister and I have also discussed it separately to make sure there is no confusion when mom eventually passes on (which she is in no danger of doing even in her 80s).
My wife and her family have begun discussing their situation a bit with their last grandparent getting close to passing. Her father has all of his finances and such in order and organized should something happen (hopefully both he and my mother-in-law will be around for a loooong time more).
People who don't discuss these things often incur conflict due to the surprises incurred after the death so the best way to avoid that is to talk about it and have everything known and cemented before it's too late.
Posted on 6/30/21 at 1:27 pm to meansonny
Could the JOINDER that all siblings signed be the legal avenue for him to do what he wants? Were we tricked into signing?
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