How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience:  Attorney with experience in wills, estates and trusts
15417118
Type Your Estate Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

My sister is the executor of my mothers will. She has already

Resolved Question:

My sister is the executor of my mothers will. She has already distributed personal property to herself and my brother before even telling me about the distribution. I have not been given a choice of any personal items I may have wanted since most of it is already gone. She is in possession of expensive items she says she will distribute, but I don't believe that she will do so. She is not reimbursing me for the value of said items. What is my recourse? She is also getting an extra 10 percent for the value of the work and reimbursement for her travel expenses out of the monies left. It will be a 30 40 30 split. we keep asking for information since my mother died in January, and my sister is not providing it, death certificate etc. My father died the year before and did not want her to receive reimbursement of expenses in the will. The will was amended by my mother after he died. I do not know if she was under undue influence to change the will. what next?
Submitted: 2 years ago.
Category: Estate Law
Expert:  lwpat replied 2 years ago.
Do you know if she has filed the will with the probate court and if the court has named her as the executor?
Customer: replied 2 years ago.
It was in a trust with my mother and father as trustees. It has not been filed in probate court to my knowledge. I have copies of the trust documents and the wills, and there is some very unusual language included, so it does not look like a rubber stamp type of will. The money goes back to the heirs and not to the spouses if one of the heirs dies before the others.
Expert:  lwpat replied 2 years ago.
What you have is not suitable for an answer online. Someone is going to have to actually sit down with you and the trusts and read the exact terms of the trust, especially since it appears that there are two trusts. I am assuming that your sister is the successor trustee of the trusts. I will also assume that the wills have a provision that "pour over" any assets into the trusts. These are two very important provisions that will change everything if not correct. While a trust is private and does not have to be filed in the probate court, a will does. There is no excuse for not filing the wills since January and that alone would be sufficient for her to be replaced as executor of the will(s) in most cases. You are going to have to sit down and consult with a local probate attorney for assistance. All of the documents have to be read together in order to determine your rights and how you should proceed. Normally you could go to the probate court on your own and file to be named the executor of the estate and that may be your best option.

http://www.lawyer.com
Customer: replied 2 years ago.

Is filing the will in probate court dependent upon the value of the estate? She has not told me the value of all the assets, including house, vehicle, and multiple inventments, as well as personal property. We are not even sure what is actually there. We have asked multiple times, and she is ignoring my requests.

 

Is it better to get the accounting early on, or later in the process (or will it be too late?) She is threatening to dispose of what furniture is left by the 15th of May. She has been asked to send things (a box of photos) she forgot to leave for us to pick up (she lives if FL) and has not done so.

 

If she has divided most if not all of the personal? property, must she provide me with the cash equivalent since I have taken nothing? zilch.

 

What is the best way to find a tough estate attorney in our area, Cook Co, Northwest Suburbs of Chicago, Illinois? Our previous lawyer retired. (real estate mostly)

 

I'm looking for a group practice that does estate, real estate, criminal, etc. Someone to cover our butts so to speak.

 

I need a sister wrangler because she refuses to be even slightly reasonable. Family dynamics are nil. We are all estranged. I need someone who can force her to do her bleeping job that she is getting paid an extra 10 percent plus.

 

Thanks.

Expert:  lwpat replied 2 years ago.
You can find an attorney at the link I provided to you above. In order to do anything you will need to file in the probate court, that is not really an option.
Customer: replied 2 years ago.

Thanks very much for your help.

 

It's a great place to help me get started, and gives me some questions to ask and think about.

 

Still a little unclear about the probate filing as I do not have original documents or know if I need them. The successor trustee to be assigned is her husband if she becomes incapacitated in any way. Can he be bypassed as you mentioned before?

 

The whole thing seems far more difficult than what we went through when my husband's mother died. That was a breeze compared to this.

 

Sorry the questions are so long.

 

In choosing the new lawyer, is it better to get one who has more time in front of a judge and/or courtroom experience?

 

If I contest, will I have to go in front of a judge? Or is it all handled by the lawyers themselves?

 

I am not in good health, this stress of the situation is not helping and I want to not have to deal with her at all if possible. Basically only speak through lawyers would be the best. Is that advisable?

 

Expert:  lwpat replied 2 years ago.
Basically only speak through lawyers would be the best. Is that advisable.

That is usually advisable but expensive.

Can he be bypassed as you mentioned before?

If there is a breach of fiduciary duty on her part you would also have grounds to have him excluded.

In choosing the new lawyer, is it better to get one who has more time in front of a judge and/or courtroom experience?

There is really no way to answer that, sorry.

An accept for my time is always appreciated and required for me to receive any credit from JA and positive feedback is also helpful.
lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25384
Experience: Attorney with experience in wills, estates and trusts
lwpat and 4 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.