In order to make a realistic decision on what route to take, you would have to figure out how much she would be losing by not fighting vs. how much it would cost to fight. If it cost as much to fight and win as it would not to fight at all, then this is called a "pyrrhic victory". It is where you win, but it costs you so much it isn't worth it.
You also have to factor in the mental, physical and emotional toll it will take on someone. I recently settled a $220,000 case for a client that was an absolute winner breach of contract case for $70,000 because my client is 86 and it would have caused her so much stress it could have killed her. So even though I would have won, I felt it was in my client's best interest to settle and get the case over because it had already been 2 years.
So it isn't always just about money. Stress and distress also comes into it in making a decision.
If they are offering her $50K for a place worth $100K but it would cost $30 to fight it, I would say it would financially be worth the fight, but it may not be mentally or emotionally worth it.
There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.
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Well, I don't really have enough information to know exactly what is going on to answer that.
If you can provide some more details about the situation, I can give a clearer answer.
Well, they can't force you to accept just anything. It would have to be a judge that ordered a sale of the property at auction. So you should insist on an independent appraisal of the value of the assets and your respective interest. Then you can bargain from there.
But they can force a sale through an action called "partition". This is where they would file a lawsuit in order to get a judge to order a sale of the assets so that an owner can "cash out" their interest. A judge would order that an appraisal of the assets be preformed so as to set an opening price. It is likely at any public sale, they would just bid on the assets themselves and if no other public bidder was interested, they may get it at a rock-bottom price. It is an absolute right that can not be denied.
The development is worth millions. One co-manager has probably raped it for it's equity already and the other co-manager is a lap dog. The lap dog has misrepresented to me he paid 75K out of Mom's estate to get a needed extension on a construction loan...but I know it was over 300 k for our side alone....likely in addition to the 75K....If I can prove that or how about this.....there have been other debits from Mom's estate he authorized which were legal expenses for CRP...this was done to intimidate me into not asking any more questions which their attorney agreed I had a right to know. Can i go to the prosecutor?
If the co-manager has improperly used estate funds then he can be held personally liable for any disbursements. But legally, if the executor over mom's estate has distributed any funds, he would have to file an accounting with the court detailing what they were for. So you could request an accounting from him in writing and he would have to give you a copy since you are a beneficiary. Then if he is doing anything improper, you could file suit against him in probate court and hold him liable.
But unless he is outright stealing, this would be a civil matter and a prosecutor wouldn't touch it.
Sorry for the delay. It was after 1 a.m. where I am located and I had to be up at 6 for work, so I had to get some sleep.
There is no definition for "outright stealing". That is just a phrase I used. But legally, theft is considered the unlawful taking of property of another without their knowledge or permission. So if the executor is taking funds from the estate and putting them in his own pocket, he is "outright stealing" to coin a phrase.
This is the WA statute regarding the inventory:
Inventory and appraisement - Filing - Copy distribution
(1) Within three months after appointment, unless a longer time shall be granted by the court, every personal representative shall make and verify by affidavit a true inventory and appraisement of all of the property of the estate passing under the will or by laws of intestacy and which shall have come to the personal representative's possession or knowledge, including a statement of all encumbrances, liens, or other secured charges against any item. The personal representative shall determine the fair net value, as of the date of the decedent's death, of each item contained in the inventory after deducting the encumbrances, liens, and other secured charges on the item. Such property shall be classified as follows: (a) Real property, by legal description; (b) Stocks and bonds; (c) Mortgages, notes, and other written evidences of debt; (d) Bank accounts and money; (e) Furniture and household goods; (f) All other personal property accurately identified, including the decedent's proportionate share in any partnership, but no inventory of the partnership property shall be required of the personal representative. (2) The inventory and appraisement may, but need not be, filed in the probate cause, but upon receipt of a written request for a copy of the inventory and appraisement from any heir, legatee, devisee, unpaid creditor who has filed a claim, or beneficiary of a nonprobate asset from whom contribution is sought under RCW 11.18.200, or from the department of revenue, the personal representative shall furnish to the person, within ten days of receipt of a request, a true and correct copy of the inventory and appraisement.
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