My Uncle ,Grandfather & Grandmother had a family trust of
My Uncle ,Grandfather & Grandmother had a family trust of $2.3 mil and lived together, in July 2006 my Grandfather died at age 87.My Uncle ,68 was in the end stages of CLL and required my care, I attended many 8 hr infusions of chemotherapy, Drs visits, trips to Stanford , plus daily life,shopping,caring for his many cars, a home worth about $400k, cooking, cleaning, bathing, helping him off the floor and cleaning him up covered in bio hazardous, chemically laden body waste, fluids, he died Aug 2007. He promised me reward beyond my wildest imagination which was comforting as I was sacrificing my ability to contribute to my Soc security or State disability, workmans comp or unemployment. He promised me 1 of the 2 homes they had collectively, the home they lived in sold for $580k in 1 day, the $400k home burned mysteriously 1 month after my uncle died and my Father arrives to swoop her away to Missouri. Hepressured her for $500k as soon as they arrived in Missouri which shocked her, she called me to say, she relented after much pressure and gave him $250k, shortly afterwards my Father was diagnosed with pancreatic cancer and was not going to live long and my Grandmother immediately contacted me saying she had to get a new home in Sacramento as my Father was dying and she hated my Stepmother, actually she hated any woman involved with me, my Uncle and Father, comparing them to horrible women her 6 brothers married.I spent the next year getting her 6 cars shipped to California and sold, 1 worth $80k a Bentley Azure convertible, a 37 Lincoln $35k, 46 Chrysler, $30k, 39 Plymouth, $25k, she kept the 2006 Lexus we bought for$64k cash for my Grandpa 2 months before he died, and made several cash offers on homes she approved of , offering up to $30k over asking and never was able to buy depite having all cash and her pickiness and cheapness.As a result I had to buy her an expensive ultra luxury 5th wheel RV with 6 pop outs 40 ft long,sun***** *****ving room with fireplace, all leather furniture, washer dryer, recessed lighting, granite and oak, etc etc, plus rent a space on my street where I lived in my 5th wheel so tbe close to her, she used a walker however was very healthy physically and sharp mentally in most ways except numbers like writing a check she would not know how many zeroes meant what! this was shocking to me but not at her age so I never made a deal of it, she needed me only during the day and at night a few times a week but she bathed alone, used the toilet alone, though had several nightime wettings a week.cooked,I took her to weekly Dr visit for blood and urine , she grocery shopped with my help, her CDL was taken by a cardiologist long ago.She was fine and we would search for a place, she wanted a duplex so we could be next to each other and I could rent out after she was gone for income, smart idea. for a year everything was fine until Feb 11 2011 Pradaxa was prescribed along with Sotalol, Sotalol alone requires a 3 day hospital stay but they sent her home and I watched her almost die, I took her to the ER and she required 5 pints of blood, she was 93 yrs old and weighed 118 ! I saved her the Dr said. I initiated a lawsuit and she won after her death getting only $58k net due to her advanced age which is horrible because it destroyed her life and took 8 yrs off it I know it! She immediately required 24-7, 365 assistance and was in ICU several times for weeks over a 2 yr duration of degradation to not only her health physically but mentally as well , she accused me of scrathing furniture for some reason?? I was 53 yrs old with my Grandma who loved me more than anyone and was Harriet to my Grandpa's Ozzie ! I never saw them argue etc, Iwas absolutely adored until Pradaxa !I saw some for $350k duplexes and up however the return was only $1000 a month, I found one in Oak Park a terrible area for $180k that returned $1k a month on each of 2 units, it was not suitable for her at all and was not meant to be, however she moved in and we never got the 2nd duplex we planned on doing due to her terrible health and ICU stays and her delusions by thiis point, I knew I was risking my security by caring for her now that she has stroked and was getting mean for the 1st time in her life! but could not, would never turn my back on her.Imagine my horror to find all my nights and days of providing an extreme level of care at home was to be rewarded with a fight for what is mine by contract express signed and verified signature too! she gave my money away over 6 codicils made in between her ICU stays and transfusions each slowly taking from me giving to my daughter in LA who has an atty at 33% of anything she gets trying to deny me anything !The trust attorney hid a B trust and never insisted my grandma fulfill the trusts requirement since 2006 when it had $2.3 million in it, she never told me a thing about a irrevocable trust and 50% was supposed to be in it! she tried to disinherit me and the lawyer who is fighting me is the one who helped her do it! trustee too he said he dint know what an AB trust was!Im a contract beneficiary caught up in their fighting over the AB trusts and how much of what to who when I care less if its A ,B or whatever, our agreement was to not revoke my 50% share of the family trust. I never knew about qany AB trust etc. My Grandmother made a $100k account for my homes taxes, utilities insurance the last codicil after she moved to a care home in Nov, she died 4 months later. The trustee pays the taxes late hurting my credit, paying out $14,000 and suddenly says in probate which I was forced to initiate that I cant do it!!! and stoppedc paying my bills with what was an advance on inheritance as iut says to be deducted from my inheitance, however by then they removed any cash inheritance I was getting, all this was done behind my back and while caring for her 24-7-365 for 2 yrs and years of care and work! my sister and daughter both did nothing, never even visited and fight me to get any thing, the AB trust was ordered funded and my daugter a 4th parentic removed too distant to inerit intestate tells me she apeals taking two years more now, and the trust attorney who wrote up my bills are paidc device now using that deevice to use against me satying I cant do it, yet she designed it!
Ely, you answered some big questions in the past -
Hi Ely, you answered some big questions for me in the past - now I have an urgent one - same subject - my dad's estate.1. went to court - judge threw out his ex-wife's copy of an old will and reinstated me as the Administrator. That was April 5, 2016 ( my dad died 9/16/15).2. Prior to court, my "attorney" discouraged me from appearing in court and said he "wouldn't represent me if I insisted on contesting the will". IDK why he was saying that.3. I said I was bring original copies of documents to dispute the will - the judge ASKED me if I had anything to dispute the will (she couldn't produce an original - just a copy), so I went for it. I won. She's out - I'm in.4. Since ex-wife had designated the majority of the money in my dad's IRA accounts to an account designatedEstate of RRJ, I sent the investment company a copy of death certificate and original copy of Letter of Administration and asked that the money be transferred to the estate account I had set up. They were happy to do so, but wanted released from my attorneys' counter claim - I had released them about 4 months ago, but my "attorney" didn't tell them.5. Investment company attorney emailed my attorney and said they were ready to wire funds, but wanted a written release. My attorney was "displeased" with me, to say the least.6. As the exwife had signed a waiver exempting investment company from liability for her changing the beneficiaries, the money was put into an account with only my dad's name with the estate being the beneficiary.7. I own the estate now, but my attorney says it has to be reverted so that I have to split the funds with the 24yo con-artist who was milking my dad dry. My position is that as the money is now in an estate account and I am in control of the estate, I'd like the money transferred to the estate account I set up.8. My attorney says "No. He wants the money put into a court appointed account so that it can be "distributed" to the "parties" and he wants the swindling con-artist to agree to pay half of his 40% legal fees. I said over my dead body. Her name is ***** ***** now. AND the ex-wife has signed that waiver that if anything comes of the swindler, she was taking responsibility.9. The money in the IRA estate account is $224,000. My attorney wants it put into his "court account" so that he can have his fees deducted first and have the judge "distribute the money"??10. The TOD cannot be reinstated because my dad is deceased. Why does it have to be reinstated?11. I've reminded my attorney that I'm the client (he's charging 40% plus hourly fees).12. As there is no lawsuit now as I've been awarded everything via judges orders, can't I just release all parties?
Counselor at Law
This question is lawyer familiar with estate laws in
This question is for a lawyer familiar with estate laws in California and/or Florida:My brother passed away 10 days ago at his residence in California. He had a will but it does not have all the required signatures and is not a California form will. His only relatives are his 3 siblings (named in the will). I am the oldest sibling, and I am named as executor in the will. His estate is about $200,000 consisting of $70,000 in a bank account and a house in Florida worth $130,000.My questions are,a) how should I proceed and in which state(s),b) Will I be named Executor by the court,c) Should I hire a lawyer and how,d) How long should the process takee) How can things be paid for before an executor is appointedf) Does the existing will have an effect if it is found to be lacking signatures,g) If I hire a lawyer or other professional, can I only pay them the statutory 4 percent