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John Legal
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I was named to independant executor of my mothers estate,

Resolved Question:

I was named to independant executor of my mother's estate, but have had expendetures I paid, and am having problems with the attorney who is acting only as an advisor. What can I do to finish this out. The judge ordered this probate closed almost 2 years ago. help me please,
Maureen Drobitsky
Submitted: 1 year ago.
Category: Legal
Expert:  John Legal replied 1 year ago.
Welcome! Thank you for your question.

Can you explain how exactly the attorney is holding up the process?

Has the attorney submitted a bill to the probate court that the court is refusing to close probate without the bill being paid?
Customer: replied 1 year ago.


to my knowledge no. He has also sent no paperwork to me for the past couple of years. I even tried to force something to be do by contacting another lawyer in the area for help. All he did was call my advising attorney and made it out like I was being greedy. My sister, who was my only immediate family member died in 2005 before jkmy mother. Her children were no longer in her custody and did not reply with any information to him. Leah Hunter, her daughter gave a bad address, and a phone number that was not hers. I even tried to call her and was told this was not her number. It was a friends, and she never called back.


 


the last contact I had with her was when I went to get my sister and her to attend my fathers funeral. Sharon had to get leah from another address and I was not let known where she or XXXXX XXXXXved. I had to drop them off at some unknown address to me. I mention I also did not have the best of relationships with Sharon. I did try when we attended the funeral but was led down a rosie path as she always did even with our mother.

Expert:  John Legal replied 1 year ago.
I am not exactly sure what you are talking about because I do not have your full history. However, I think that you are saying that the major issue with the estate is that there are missing heirs that are entitled to a share of the estate by law and that since you cannot find them you are having trouble closing the estate.

Unfortunately I must tell you that even though your sister had no contact with her children they are heirs of your mother's estate unless you mother cut them out in a specifically written will. If they are heirs then they must receive their mother's share of the estate before you can close it out. If you have done all your searching and cannot find them then you can request a court receive and hold the assets that are due to the missing heirs. You should know that there is no way that the court is going to let you close the estate without assuring that the missing niece and nephew's shares are either distributed to them or held with the probate court for their later benefit.

I can also tell you that some of the smallest estates that I have cost the most when I have to search for heirs and piece together distributions to children. This is time consuming work.

There is no way that I would call you greedy by not wanting to go through this process. However, this stuff is complex and very specific. Sometimes people do not understand the level of detail and specific requirements that a probate court can require.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you cannot rate me GREAT please do not rate. Give me a chance to make it right by clicking REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,

John

Customer: replied 1 year ago.


My sister lost custody of these children. How are they still entitled to anything and am I not entitled to be paid back for bills that I paid out of pocket and also paid double for such as the bill to the mauseleum. He even stated to me that if and since she lost custody of all of her children this changes the "game". His words not mine

Expert:  John Legal replied 1 year ago.
You are certainly entitled to be paid back for expenses you paid for the estate. You will need to provide proof of the bill and of your payment of the bill. Just because your sister lost custody does not mean that she is not their legal parent. If her parental rights where removed by the court and the children where adopted by another then it is possible that they are not entitled to anything. However, it will require digging through court records and determining their status as legal children of your sister.
John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
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Customer: replied 1 year ago.


Dear John,


 


I am appreciating your assistance even though I can see it will be limited. I have notified QVC, HSN, Shop NBC, and the bank I took a personal loan to pay off the funeral bill. I found that was not enough, but used these funds to pay off other bills in her name that if he was advising me, I would not be in this position. When I sold the house, I made sure the funeral bill was paid. In addition I found I have paid for the internment twice. Cash and the funeral home's listed billing. All the shopping channels are not helping a whole lot in getting me my info. I believe that they do not want to have to refund the estate. How much usually does the indepentant exec. claim for work done on the estate? He paid me $1000.00. Please help give me some guidance. The atty. who is ripping me off is not doing much!!


Thank you, Maureen XXXXX@XXXXXX.XXX

Expert:  John Legal replied 1 year ago.
Maureen,

Thank you for your further questions. You are correct that there is only a limited amount that I can assist you with. This type of forum is not built to provide detailed and complete legal advise. I can give you guidance as to the how the law applies to the limited information you provide.

An independent executor can usually be paid a fee of 5% of the assets brought into the estate.

John

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