Executor's Fee for Probate vs Non-Probate
I am involved in a family dispute over the closing of an estate. Lawyer for the estate is not in co-opeation with most of the heirs. Short story - uncle dies 3 years ago. His sister is the executor. He leaves his wife a ''life-estate'' to his assets and then when she dies - it goes back to the heirs. His wife dies 3 years later. Same executor for the her estate also. Most of his assets were non-probate - given to his spouse when he died. The executor from his estate took 5 % of the non-probate assets also and then when the wife died - she took 5% of the same assets because they were now the wife's. Is this double dipping - can the executor take a fee from both estates - for the same assets? The main asset - the marital home - was left as right of survivorship - so when he died - the wife became sole owner - but yet the exector took 5% from his estate on the full market value of the house. The executor ended up with more compensation than some of the heirs because of this and no heir was to recive less than 8 1/3% - but since most of the assets rolled to the surviving spouse, the hiers only received compensation based on his probate assets - but the executor received a fee from both for the same assets.
My father was named Sole Executor (1993) of my grandfather's estate in NJ, but my grandfather's youngest sister took the land in VA left to my grandfather in his uncle's will. Can she do this? She lied in the VA court and said that my grandfather had no living relatives but her. No one from our immediate family was present for this. My father didn't find out about this until (2004). Is it to late to fight this judgment? She has since sold at least half the land. What can we do?
fathers death with no will
My father recently died. He had no will and I am the only child (my mother died in 03). When preparing the inventory, As representative of the estate, Must I have the contents of the house appraised by an appraiser or can I guess-t-mate the value.
Distribution of Parent's estate
Let me begin by saying my Mother and Stepfather died within 14 months of each other. Both their wills read the same leaving everything to each other and at their deaths to their 9 children. My stepfater died Dec 9, 2006. Will was probated Feb 13, 2007. Step brother is the excutor. He is not cooperating and is actually verbally insulting in emails and has no intentions of distributing assets anytime soon. Available cash in the
estate account at this time is close to $300,000.00. House and other assets still need to be sold and liquidated. How long does he have
and is there any ruling on early distributions. There are several who are in need of the assets at this time and one who may loose her home if he does not distribute the funds very soon. Should we get a lawyer and go to the probate court and discuss with the Judge.
My husban's father past in July2008. His mother had a severe stroke 3 years ago and needs a lot of assistance . My father in law left a vile of life leaving the young grandson to take care of her . He emptied all of her bank accounts and doesn't take the best care of her . We are told that he has power of attorney . How can we make him accountable for her health and finances ? Can we find out what my father in law said in his trust or will ?
Can i get my house back????
Me and my cousin was willed a house and my grandmothers name was also on it. me and my cousin didn't live in the house but my grandmother did, she wanted to get a loan on the house so she asked me and n=my cousin to sign over our shares but we said no. she then went behind our backs and put our names in the newspaper for us to come forward to claim the house even thoe we was in full contact with her and sent the constable to our houses with papers when she was there to recieve them . the deed then went in her name with out us knowing, she died in march of last year and we find out that the house is in her name. she willed it to someone elae can we get our house back even thoe we didn't come forward to claim our house we didn't know that she was dfoing this behind our backs
Asset Determination - St. Louis
My mom was listed as the personal representive for a grandparent living in St. Louis. My mom passed before my grandparent, so my aunt took my grandparent to the attorney and had the will changed to name her POA and also changed the content of the will. I know prior to my moms passing was listed on various checking accounts and possibly other items. After my grandparents passing, my aunt has said everything would be split as though my mom was still alive. She later said I was ''cut out of the will'' but everything was still going to be split as though my mom was still alive. During the past several months I have received a small amount of what would have been due to my mother. When my aunt was asked about giving me a copy of the will and assets, she said she didn't have one. After a few weeks, I called the clerks office and received one. Long story short, it states per stirpes I should receive my mom's share. In addition to bank accounts, there is stock.
Is there a way to determine what assets- bank accounts, stock, life insurance..... a person has? How can you determine the accuracy of what is reported in court?
My sister & I are the only beneficiaries of a trust created by our father when he passed away. There are 4 houses left to us, 2 each. I am living in a house left specifically to me, when the trust is done. The trustee insists on charging me rent. I have been living here since 1996, and didn't pay rent to my Dad since 2000. My sister told the trustee she didn't want me to pay rent. The trust does say the trustee shall collect rent, but does not specify any amounts.
What are the trustee's obligations as far as charging rent, and what are his obligations as far as our wishes as the sole beneficiaries?
Father died after lengthy illness. My siblings and I suspect Step-Mother of milking estate for her and step-siblings benefit(Homes,Autos etc.) over the last several years. She claims that she is broke. Her children seem wealthy well beyond their incomes(many unemployed).
wills and trusts
Grandson was to recieve money at 16 for car and 18 for college and 25 for no reason. Grandson was in jail from 13 to 24 years of age .He recieved 1st payment.Uncle decided he not to give him 2nd payment cause he wasn't going to college at this time and maybe not 3rd, He turns 25 in 6 months . Does uncle have the right to do this ?