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my parents have died in recent years. my father last to die

 
JD 1992's Avatar
  • Answered by:JD 1992
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my parents have died in recent years. my father last to die on 3/26/11. shortly after, my attorney told me that there should be an equal distribution of assets. long story, will try to be short. i have 3 brothers. we did divide up my fathers investment account. i was never made aware of any other accounts, i.e. checking saving, etc. in mom and dad's names. my parents were in a nursing home. after my mom's death my brothers started taking valuable stuff from mom and dad's home. and, after dad's death they cleaned out the place. now, to make matters a little complicated myself and my oldest brother were trustees of several trusts that owned my parents property. my oldest brother(trustee) did not want to do anything with my parents house until both parents were dead. i agreed. fortunately, i took pics of most things in my parents house. so, the issue now is my bros and i are going round-and-round regarding who took what and it's value. what can be done to resolve this.
a quick 2nd question. while i was trustee i was paid a fee. the fee started 12/2009. it stopped 3/2011 when my dad died. i was told by family attorney it stopped because your dad died and therefore i was no longer a trustee. several notations. my mom died 4/2009. i was never paid for 4/2009 to 12/2009. can i go back and make a claim for those fees. also, note i did absolutely nothing as far as trustee duties. now, to present i have an attorney who thinks i'm still a trustee. he says that to collect past , present, future fees i have to prove i performed trustee duties. now after dad died i did help clean up the house, check on the house, a lake property, and farm. in spring, 2012, i did some further cleaning and repairs to domicile. if a judge decides i was a trustee after dad died and still am can i collect past , present and furture fees. thanks. sorry i went so long

 

Optional Information:
State/Country relating to question: Iowa

Already Tried:
trying to work thing out via my attorney and family attorney without going to court.

Submitted: 230 days and 13 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED
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Expert:  JD 1992 replied 230 days and 10 hours ago.

If the judge decides you are and were the trustee and you were still performing duties then you would be entitled to collect past and future fees. If he decides you were always the trustee and were just prevented from performing duties then you should be able to collect fees as well.


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Customer replied 230 days and 8 hours ago.

could you please answer the question about equal distribution. thanks

Accepted Answer

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Expert:  JD 1992 replied 230 days and 7 hours ago.

If you mean "what can be done about this" then the only thing that can be done is ask the probate judge to rule on who gets what. There is no other way to resolve an issue as to distribution. The court can give other items to make up for things that were not put into the estate when they should have been or to equalize distribution.


If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.

We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.

PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.6 %
Accepts: 1591
Answered: 8/18/2012

Experience: Estate Law Expert

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