Little backstory, me and my siblings dont have the same mom so I dont talk to them much, and I dont talk to their side of the family AT ALL.
Also the will was unsigned, and the estate is "unsupervised"....im not sure if thats bad or not aswell.
Ok, well my father passed away march of 2006, while he was in the hospital on his death bed, a lawyer came and i had to sign a paper to make my aunt executor i believe....i was not in a mindstate to think anyone would be screwing me over so i signed.
My father left a buisness, which was sold for 133,000 last summer , and he also left houses which arent sold yet. they were appraised though.
well it will be 2 years in march and i still havent recieved my full share.
In may of 2007 my aunt had me and my 2 siblings go to her house and she gave us each 7,000 dollars of the money...she said she couldnt give it all yet because she has to wait and see if anyone comes forward that my dad owes. she said in a few months if they dont come forward in 60 days she would distribute the rest and put me and my siblings in charge of selling the houses on our own.
Well I wait and wait and still nothing,its been 6 months since that happened and everytime i talk to my brother he tells me the moneys coming and were waiting to go into probate, that my aunt is just busy and shes taking longer than she should because she works for the mayor and is always busy. And that were waiting to get a court date?
He seems sincere and in need of money as much as I am and seems like hes being serious about it but I dont trust him or anyone on that side of the family, so im kinda scared I may be getting screwed and I dont know what to do.
Just recently he called to tell me that he asked our aunt to give us a little more cash, well supposedly im supposed to be recieveing a 500 dollar check soon...and in the mail tommorow im supposed to recieve an inventory list of the estate.
I have a question though.....How can she distribute money little by little but has to wait for probate to give it all out?
Are they messing with me?
Also ive tried to contact he lawyer that handles the estate a few months back and he told me not to call him, but to call my aunt and talk to her because he costs 100 dollars an hour and that these things take time.....even though my dads estate money is paying for him, im not allowed to talk to him? I dont get it.
Please give me your opinion on the situation. and any ideas of what I should do?
Thank you alot
2007-12-14 13:02:05 · 4 answers · asked by ANT 4 in Politics & Government ➔ Law & Ethics
If the estate remains "unsettled" (you did mention unsold houses) then there is no pay out until the thing is wound up. The executor can release funds (as in "some" funds), but until the thing is converted into cash, and the taxes/death duties paid, don't expect a "pay out".
Can this be abused by the executor, you bet, and there is little you can do about it.
The lawyer you called is not talking to you for free, if you wish to talk to him get your money out, he is in the same boat as you.
"any ideas of what I should do?"
Get on with your life, this may take 10 years, or longer, to settle. (I really hope that when I die my kids aren't hanging about with their hands out).
2007-12-14 13:15:10 · answer #1 · answered by Crusty P. Flaps 4 · 0⤊ 1⤋
You need to do your home work on the facts. You "had" to sign a "paper" that made your Aunt executor of the "unsigned" will? Sounds fishy - get a copy of that paper you signed and make sure you didn't sign away rights of estate.(?). If you are waiting for probate court that means something was already filed in probate court - go to probate court and get a copy of the entire file, read it, and see whats going on yourself. The property may have been transferred already by deed without "sale." That should be identified in probate court. If NOTHING has been filed in probate court, YOU may have to file a petition to probate the estate since you are a beneficiary. If the Aunt is not following the wishes of the will or the beneficiaries, you can petition to remove her from excutor of the estate. The more facts you uncover, the more you will know what you must do. Good luck! Get busy.
2007-12-14 14:14:22 · answer #2 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
1. An UNSIGNED will has the same legal significance and a blank sheet of paper.
2. If the attorney handling the estate won't talk to you, he is NOT handling the estate properly. You need your OWN attorney. The estate will probably have to pay him as well.
2007-12-14 13:08:08 · answer #3 · answered by STEVEN F 7 · 2⤊ 0⤋
get your own lawyer to look into it
2007-12-14 13:14:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋