Legal question ... estate ...

[RogerT]

I know we have some attorneys on here .. so I have a question.

I have a friend who's mother died a couple years ago. Her brother is
executor of the estate .. a house and various personal property. It
was to be sold and they split the proceeds. The brother and the mother's
property are in Colorado. My friend is in another state. The brother has done nothing to settle the estate and she would like it sold and settled so she
can get her half. Not a lot .. but something. The attorney that was supposed to handle it has sent her a letter that he quit because the brother hadn't
paid him anything, doesn't answer calls, etc. The brother doesn't return
her calls. I thought she said there wasn't a will .. but if he's executor then some document had to authorize that. Maybe he just had power of attorney?

So what can she do? The size of the estate isn't large .. but she
could use the money. It certainly wouldn't warrant a lengthy legal battle,
though in my opinion.

I was thinking in terms of:

Getting the brother removed as executor for non performance.

Getting a lien on the house so he can't pull anything.

Any ideas.. suggestions?

Thanks

RT

 

[SCCutler]

Highly state-specific.

In Texas, the heirs could file a probate matter themselves to force the issue. Most states provide for that, as well as for removal of the Executor for non-performance (actually, if no probate filed yet, he's not the executor yet, anyway, most likely).

Colorado is where it will all have to happen.

Your friend must consult Colorado counsel.

 

[ggroves]

Not a lawyer, didn't stay at the Holiday Inn last night, but I just finalized my mother's estate as executor in Virginia.

Not sure about Colorado, but in Virginia, the named executor must file with the court. An inventory of assets must be provided within 4 months, and the first accounting withing 16 months, and every 12 months thereafter. However, there is no time limit to get the estate settled. Also, a Commissioner of Accounts is appointed by the court to review the filings. In my case, it was a local attorneys office.

The sister is going to need legal counsel in Colorado. As executor, the brother can stall and delay, as long as he's meeting filing deadlines.

Money and family rarely mix. People that you've know all your life can suddenly show their ugly, greedy side. Anything could be going on. It sounds like Sis and Brother don't communicate? Brother doesn't want Sis to get any money for spite, Brother could be renting Mom's house and pocketing the money, could be waiting for the real estate market to crash so he can buy it cheaper, and the list continues.

She's going to have to take him to court.

Greg

 

[AdamZ]

Ditto to Spikes disclaimer. EVERY State is different. Tell her to get an attorney in Colorado in the County where the estate was raised. Chances are he/she can help her take over the administration of the estate.

 

[ScottM]

Also not an attorney but I have seen every episode of LA Law

I settled my mother's estate but I was not the executor. I was her PoA, that PoA ended with her death. Her husband was the executor and was listed as such when we filled her will with the state. I did the settlement but with his sign off. He had all the legal rights but he willingly defered to me.

YOu need a probate lawyer in that state, you will have to pay them out of your pocket, you may be able to recoup that from the estate.

 

[Everskyward]

Just out of curiosity and possible future planning. If you are named as the executor of someone's estate can you just hire someone to handle it for you? If you do, who would that be, some type of lawyer?

 

[Skip Miller]

Just out of curiosity and possible future planning. If you are named as the executor of someone's estate can you just hire someone to handle it for you? If you do, who would that be, some type of lawyer?

You can hire people to execute many different necessary tasks: mowing the lawn, paying the taxes, emptying the house and prepping it for sale, etc. etc. but you cannot lay off the responsibility. You are the PIC (hah! Aviation Related!) It is you that will sign the final tax returns, the final inventories, and the final disbursements of the remaining assets, and it is you that will certify all this activity to the Probate Court. And Yes, hiring a lawyer would be a good idea if you are not resident in the State where the estate is in Probate.

-Skip

(In NY, and the executor-to-be of my lively and wonderful 90 year old Aunt in Seattle).

 

[AdamZ]

Just out of curiosity and possible future planning. If you are named as the executor of someone's estate can you just hire someone to handle it for you? If you do, who would that be, some type of lawyer?

Mari, its a good idea to hire an attorney to handle any estate that has something of value regardless of wether you are in or out of state. The attorney will work for you and make sure every thing that needs to get done gets done.

 

[Everskyward]

Thanks Skip and Adam. I'm not so much concerned about being the responsible party as I am about knowing what steps you need to take to get everything done properly. I am the named executor for one person in-state and one person out-of-state. I'm an ostrich and try to pretend I'll never need to deal with it but that's being unrealistic, I'm afraid. Now I'll know at least where to start.

 

[colomtnflyer]

Having recently dealt with my own mother's estate (helping my sister who is the executor) in Calif, I learned one important thing...
A living trust is a much easier document to deal with than a will in Calif. The hassles associated with a will are unbelievable....

 

[ScottM]

Just out of curiosity and possible future planning. If you are named as the executor of someone's estate can you just hire someone to handle it for you? If you do, who would that be, some type of lawyer?

Mari, its a good idea to hire an attorney to handle any estate that has something of value regardless of wether you are in or out of state. The attorney will work for you and make sure every thing that needs to get done gets done.

It has been my experience with having to deal with, SIGH, three estate settlements now, that the attorney who drew up the will, will help you with some simple advise and guidance. If the will or trust is set up right before the person passes away the after death estate settlement is a lot easier than if the estate has to go to probate.

Mari, if you are asking because you are preparing for the eventuality with you parents then I applaud you. My mom's estate was really easy because we sat down years in advance and worked things out in writing. Get on your parent's bank accounts and other financial document, get a PoA, have a current will that you have copies of for them, and most importantly have them write up what they want you to do after they die. There is enough stress without having to guess what they wanted. IF you have sibling ensure they are all in agreement before the parental units die as to what is going to happen. You can really do without the drama afterwards.

 

[Everskyward]

Thanks everyone for their advice. As you guessed, one person is a parent and I am siblingless so there should be no fights. However the other person is not related to me and there are other people involved who I don't know very well so things could get complicated. We'll see.