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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111683
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My sister and i lost our mother. We are her only two

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My sister and i lost our mother. We are her only two offspring. My sister feels abandoned by my mom due to the fact my grand parents took custody of her until about 15 yrs old. She has been in trouble with the law for dealing meth some 20 years ago or so and pot. I once signed a deposition stating she was rough wirh her last child resulting in loss of custody of him to his father. She has several axes to grind .... I found my Mom cold and lifeless after coming home from a vacation wirh friends. The most horrible and tragic thing i will experience in my life had just happened. My sister was my second call after 911 who somehow convinced me to do cpr which quickly proved she had passed. When my sister and brotherin law arrived, all they did was start Ransacking her house(in which i lived with mom) looking for money jewelry and moms brief case which contained every bit of info on any wealth or assets we had in our family." The big book of EVERYTHING" we called it. As soon as she found the briefcase her tears turned to unconsealable joy and cheers ***** ***** was confident her financial troubles were over. Long story short we met w an estate lawyer, Ed Rhibadinera, who went over our book and got back to us at a later date. State law says we split everything on the estate 50/50. 3 homes 2 safes chock full of precious gems coins documents and a pistol. Three weeks earlier i was at what is now sisters house but used to be grammas house with my mom and we were going through the safe and organising and taking stock of its contents. There was an unmistakeable never forget it huge gold bar in it which mom said woild stay there untouched intil it was needed. Well u can guess what happens next.... I go to sissys house with a suspicious feeling that she had already gone through everything without me. Boy was i right! I asked her husband to open up both safes and you know the gold bar was gone. She said she never saw one, that mom mustve done something with it. In its place was a old junky troy oz of silver. I told her something was fishy that i knew 10thebecause my son and i both held it for a while.
So with suspicion in my mind i scheduled a meeting w the lawyer who said one of us had to be the executor, so i picked her because shes better at computers and better at finances. 50% means 50% right. She got grammas house $265k, i got moms, 110k and we agreed to split everything was 50/ 50. I have recieved about 22k from the estate and she has matched those disbursements for herself wjich according to the trust, she was not allowed to do until all beneficiaries and bills were paid off . instead, she took some and remodeled her house and did major plumbing repairs and moved in before the full account was settled. Still ISNT. And she plans to split the 3rd house proceeds with me but in half so she gets rthe same amt of money i do. But isnt part of her 50% offset by the values of our perspective homes? I think SO. I need representation that can wait to get paid by the estate, to help facilitate the close of this estate and fight her for my 50%. Ive asked her numerous times for a full acount which im entitled to, but she gives me the run around every time and has tried to get me to sign a waiver of my right to see a full account of the estate. To me that means shes trying to rob the estate for some of my share and manipulaye the numbers to reimburse her loss on the sale of her house she sold. She lost 60k she says. Then she tried saying that because she paid off my moms house, that 60k came out of my cut and if i wanted to ask the lawyer, that i would have to pay him out of my cut. Im no dummy. I know she had to settle all moms debt first, before we got anything. She didnt even acknowledge the statement about it being moms debt, and not to count it off my cut. Thats when she pulled out the waiver and tried to get me to sign. I refused and said i wanna know where EVERY penny went so i could be sure moms last wishes were adhered to. Im still waiting meanwhile they have most of the property in storage which is rapidly draining the estate. Shes not on the ball about selling the 3rd home, resulting in me living in poverty with house bills i cant quite afford on my own. I need help to get my half and i will pay you when we win. A forensic accountant can make quick sense of all this and prove wrongdoing on her part. Numbers dont lie. She does though. Will anybody help my 2 kids and i get what We're entitled to!? Call Rich Plumb.(###) ###-####or email me at ***@******.*** thanks and God bless you.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Infolawyer replied 6 months ago.
Is there a will or a trust?
Customer: replied 6 months ago.
gramma had a trust but mom did not. She went unexpectedly two weeks after she retired. So arizona says we split 50 50.
Expert:  Infolawyer replied 6 months ago.
In a 50-50 split it would be divided as such, all assets titled in her name. The estate representative, normally one of you, would take care of collecting assets, paying creditors, and eventually dividing the assets. It need not be complicated or involved. Any unresolved issues can be decided by the court. If you need an estate lawyer to represent you, I can suggest a wonderful directory.
Customer: replied 6 months ago.
Im broke. I cant pay anymore money on this site. I just need to know if you can wait til the estate pays u because i have nothing
Customer: replied 6 months ago.
is my number but i cant afford 60 bucks to talk. How much is representation?
Customer: replied 6 months ago.
Im savy enough for u to tell me what to file and where
Expert:  Infolawyer replied 6 months ago.
This is a question-answer site. You posted a question for a price. Let me know if the answer is acceptable.If you need someone to represent you, we cannot do that per site rules.
Expert:  Infolawyer replied 6 months ago.
Let me know, thanks.
Customer: replied 6 months ago.
Thank u very much for your time but these are not the types of answers i was willing to spend my grocery money on. I already know everything youve told me. I was hoping for an amount i could shoot for. I need to know what its going to cost ballpark to take her to court and get my half or prove shes stealing or doing something wrong. Thanks and god bless
Customer: replied 6 months ago.
This site was too good to be true. Like all the others. Waste of my time i dont want to pay for 0 useful info, i apologise
Customer: replied 6 months ago.
All i need is to know what motion (s) to filewith which courtand how much is retainer typically
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR and I apologize for the delay.
First, your sister is no dummy either, she is skimming money from the estate at your expense. You are exactly right and you are entitled to 50% and that means 50% of EVERYTHING after the debts are paid.
If your sister is taking payments out of your share only, that is improper and also a breach of fiduciary duty as an executor.
The one mistake you did make is allowing her to be executor after the issue over the gold bar. That should have told you right then and there that there was going to be a problem with her and her greed.
So the next step here based on the conduct you describe is to file a motion to remove her as executor based on her breaching her fiduciary duty and paying out improperly and not making proper distribution as required. You have to now fight to have her removed and I am afraid this means you need to get your own probate attorney to do so because the one you have already will not help as he represents the probate estate. So you will have to petition the court to get rid of her as executor and as part of that process you will also get an estate accounting and you will be able to reconcile what she was giving out and self dealing spending for her own needs and you can then make adjustments while there are still assets in the estate instead of having to pursue her in court for recovery of property.
Sadly, that gold bar is gone, it would be perfect if you could find that, because then that would seal her fate as removal from being executor for stealing from the estate and it could also end her up in jail for a felony theft charge. However, even without that if the distributions are not being done properly, you have grounds to remove her from executor for cause and that is your recourse here because if not this will keep going on and you will never set it straight.
Customer: replied 6 months ago.
How much money do i need to pay ball park for and attorney? The gold bar shouldve been in the big book of anything.
Customer: replied 6 months ago.
I said i was NOT satisfied with anything on this site and not to bill my card and you did anyway.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply. I am sorry for the delay in replying, but we are working with multiple customers who all deserve the same time that you deserve. Thank you for your understanding and patience.
A local probate attorney would cost you about $1500 up front, but as they all negotiate their own fees, depending on your evidence many of them will negotiate to take a small percentage of the amount they recover for you, usually about 30%.

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