I had to file a motion to obtain a court order to get an accounting of my father's estate from the executor (my brother). Once he received the order he was very slow to retain a lawyer and he is now technically in comtempt of court as he has not submitted his accounts. He lives in the US so he is out of our jurisdiction. He seems to have an aggressive lawyer. The lawyer wants to settle without a formal passing of accounts. My instincts told me "no" but it seems whatever the lawyers advise prevails. As I predicted, they have submitted a marginally more detailed accounting (had I known I would have foregone the order). Regardless, once again they have managed to ignore the extra info requested by my lawyer; tax returns, notice of assessments, non probate assets and powers of attorney in place before my father died. I'm in a tissy because my lawyer is going on holidays for 3 weeks and they have extended their initial offer until Monday. After that the agreement "amends" to say that all the executor's legal fees will be paid out of the estate and the compensation will be 5%. They have already amended their accounting accordingly. My brother, effectively ignored my lawyers requests from last Nov. I have a court order and somehow he manages to be in the driver's seat. What about my legal fees? Can't I get something back? As my lawyer pointed out we wouldn't be here if he had complied with her request last Nov. And why am I being forced to make a decision on the weekend without the benefit of my lawyer. She told me to decide what to do and call her on her cell. She likely hasn't even looked at the information we received. I wanted to proceed with a passing of accounts. I understand the courts have a Tariff for fees. My brother wants the full 5% fee (he doesn't even deduct what he inherited). The entire estate property is basically one investment. How simple is that? I don't expect I should have to negotiate for what accounting I receive but they have been withholding. That's exactly where we are at, just as I predicted. I said why hound these people for specifics wrt accounts when we have a court order that covers everything. I'm a lowly beneficiary who was led down the court order path only to have my lawyer recommend against following through. I don't like the way this lawyer negotiates. Agree by Monday or the newly amended agreement will take effect. I thought typically a judge decides on compensation and who gets what in the way of legal fees. I'm of the impression the executor has the advantage but we wouldn't be doing a passing of accounts if he had complied with my lawyer's simpler requests for info.
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