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Posted on 6/30/21 at 1:28 pm to RedShirt
Unfortunately when it goes to probate than means you and your entire family are on probation until the lawsuit is settled. Probably ankle monitors for a few months
Posted on 6/30/21 at 1:35 pm to Bard
quote:
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,
I’m not an attorney, but I would think that having heirs to a will sign as witnesses to said will would be a big no-no as they obviously aren’t independent 3rd parties.
Posted on 6/30/21 at 1:36 pm to RedShirt
quote:
What do you think it means when the will specifically waives appraisement, inventory and accounting?
Not a lawyer, but....
Pretty sure that just means the executor doesn't have to file that with the court. He's still obligated to provide to any beneficiaries listed in the will. There is likely language in the will in how the assets are to be split, along with language that the executor distribute them as stated.
The probate court can compel him to provide that info to listed beneficiaries.
Posted on 6/30/21 at 1:37 pm to RedShirt
Hire a hitman
Posted on 6/30/21 at 1:39 pm to RedShirt
Just a pretty important point - if you were listed as a beneficiary, you are entitled to review the will.
If I were you, I'd sue your brother in court to view it. For all you know, he's busy spending money that isn't his.
ETA: By suing, I mean to get a certified copy of the Will (or instrument which you are looking at seeing)
If I were you, I'd sue your brother in court to view it. For all you know, he's busy spending money that isn't his.
ETA: By suing, I mean to get a certified copy of the Will (or instrument which you are looking at seeing)
This post was edited on 6/30/21 at 1:40 pm
Posted on 6/30/21 at 1:43 pm to Bard
quote:
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
YIKES!!! Have her go see an estate attorney.
Posted on 6/30/21 at 1:44 pm to RedShirt
What state is this in just to start?
Posted on 6/30/21 at 1:45 pm to Meauxjeaux
quote:
What do you think it means when the will specifically waives appraisement, inventory and accounting
That means that he (your brother) doesn't have to list all of your father's assets and debts to give a final account of the estate. This isn't really important right now because the estate tax threshold is so high, but it is important if you need fair and equitable distribution, i.e. if your father didn't leave specific bequests in his will (Son gets the house, daughter gets the bank accounts, kids get the land, etc), which it sounds like you might end up needing.
Did your brother hire a probate attorney or is he just handling this himself? I would start with the probate attorney and find out if you can petition to take over the estate in order to finalize/close the estate, and if he can't help or just won't help, then seek help from another attorney.
*Not an attorney, but I look at a lot of probates/estates doing oil & gas.
Posted on 6/30/21 at 1:50 pm to MikeBRLA
quote:
I’m not an attorney, but I would think that having heirs to a will sign as witnesses to said will would be a big no-no as they obviously aren’t independent 3rd parties.
It 100% matters- legatees absolutely cannot (and should not) be witnesses. I'm a notary
Posted on 6/30/21 at 1:54 pm to CaptainsWafer
quote:
Lots of probaters
Mass-probaters
Posted on 6/30/21 at 1:59 pm to CaptainsWafer
quote:
Lots of probaters post here on the OT.
I hope to skip my final year of eligibility, declare for the draft and go pro
Posted on 6/30/21 at 2:07 pm to Koach K
Mississippi
Posted on 6/30/21 at 2:14 pm to RedShirt
It means that your brother was put in charge with maximum authority and minimum restrictions. He is the boss until a court would say otherwise. If you don't like it you would have to have a good reason to have the court remove him as executor. He would have to breach his fiduciary duty by doing something dishonest, or at least by failing to act for an unreasonably long time.
Posted on 6/30/21 at 2:19 pm to geauxpurple
quote:
It means that your brother was put in charge with maximum authority and minimum restrictions. He is the boss until a court would say otherwise. If you don't like it you would have to have a good reason to have the court remove him as executor. He would have to breach his fiduciary duty by doing something dishonest, or at least by failing to act for an unreasonably long time.
This, plus unless the will has specific stipulations as to who get what or how things are divided, you have a long fight ahead that you most probably will not win.
Posted on 6/30/21 at 2:20 pm to RedShirt
Go see a lawyer and tell him you want to demand an accounting.
Posted on 6/30/21 at 4:11 pm to MikeBRLA
quote:
I’m not an attorney, but I would think that having heirs to a will sign as witnesses to said will would be a big no-no as they obviously aren’t independent 3rd parties.
I'll have her take care of that. Thanks!
Posted on 6/30/21 at 4:16 pm to RedShirt
Is there a probate attorney involved? If so, did you sign a waiver of accounting?
Posted on 6/30/21 at 7:39 pm to TigerDeacon
quote:
YIKES!!! Have her go see an estate attorney.
Yep, if this is in LA, this is a massive problem.
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