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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6775
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Mother passed 5y ago. House just sold ($157,500). No will.

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Mother passed 5y ago. House just sold ($157,500). No will. Eldest sort of became Administrator in beginning. NOT a complicated estate. No debts, stocks, nothing. Just the house. Eldest told me (the youngest) after death we were all putting in 5K for "house maint. fund." JUST found out there WAS NEVER a fund! Middle sister said I still have $2,700 left. Eldest has yet to inform me of this. Let me believe all along we depleted HM fund. She'd kinda blow me off when I had questions about it. Eldest wants $2,500 for "fee." Told middle sister, "if you don't pay, I'll just take it out of Lori's money and you get it back from her." (extortion?) Middle sister sent her $1,250 so as not to take money out of my pocket (Im the poorest in the family). She has no receipts of anything, or if, very little. We have no idea where my other $2,300 went. Her record keeping was VERY poor. She paid taxes (her 1/3 + ours) w/personal check and took it off on her income tax. A lot of shady stuff. She paid a lot with personal checks and just "reimbursed" herself. We think she could have double-dipped - no proof.

I know I cannot legally hold her to return the Singer sewing machine and quilt mother said were mine. But she has ALL other quilts, and coins, and other stuff. Is not communicating with us. What to do? Oh, in beginnging she applied for Executor fees and was denied.

Thanks - Lori

Is there an open estate pending in probate court, or is all of this being done informally by your sister out of court? It makes a huge difference in your options.


Customer: replied 3 years ago.
Everything is over. House sold. We each got our share with eldest and middle being reimbursed for monies spent. However, eldest is not responding to my Sat. em. I am giving her a week. She has yet to acknowledge she has $2,700 of mine. Left over from the $5K the deceitfully took from me. She is holding it "ransom" and plans to take what she feels she's entitled to for an Exec. Fee. I know this is to be determined by the State. But she's ignoring that and, again, is holding MY money ransom. Do not know where the missing $2,300 went. No receipts. Poor bookeeping. Will contact her again on Sat. If no response, I guess I...take her to court? Do I have a case?
Thanks - Lori
Yes, you have a case to require her to account for monies which she spent and for should have paid back to you just as she did the others. You might be able to confront her when she files for her fees in Probate Court. It's really a small claims court case though, and that's where I recommend people file so they can get before the judge quickly and without involving lawyers.
Good Luck. I wish you the best.
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Customer: replied 3 years ago.

I guess I have even a better case because she does not plan on filing
for the fee with the court. Besides, she was never specified as the
Executor. She's just going to take it out of the money she "swindled"
from me.

There is nothing I can respond further to, except to ask you to please rate my answer and to wish you luck.
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