My husband's two brothers are executors and trustees of
My husband's two brothers are executors and trustees of their parents' estate. My husband and his sister are the two other children involved. The parents lived in Los Alamos and the real estate involved is all in New Mexico.Their father, who had his own Trust, died first. We never saw his Will or the Trust. Their Mother was the trustee of the Father's Trust. Then their mother died. Again we never saw her Will or Trust. The brothers have told us several times that the proceeds of the Trusts are to be split equally 4 ways.Before she died, the Mother sold a property to the younger brother for the supposed value of the land, ignoring the buildings. She also gave the house the elder brother was renting from one of the Trusts to him.We have received some proceeds from the estate but the process has been dragging on for 5 years now. During that time they have allowed the water rights to be lost for some of the land in one of the Trusts (we do not know which one). Consequently the value has dropped from at least $800,000 to, according to the younger brother, almost $0. The same brother also told us that he bought one of the properties from one of the Trusts. We had insisted that he get a formal appraisal before buying it, but he did not. He based the purchase price on an estimate from a friend who is a realtor.The elder brother quickly lost interest in doing anything with the estate, only rubber stamping whatever the younger brother wanted to do.The only reporting we have received since soon after the Mother's death is the yearly IRS form, which always comes late and always just says $0.Now the elder brother's daughter has "taken over" for him. She has told us that we have no right to see the Wills or the Trusts and that she will try to prevent her father from letting us see them. She claims that there is a clause in the Mother's Will which says that, if either my husband or his sister contest the Will, we will be cut off with only $1.We would have been OK with all of the selling and giving property to the brothers but the added loss of the $200,000 we had expected from the land that is now virtually worthless and the way we are being prevented from viewing any documents is getting to be too much.After the sob story comes the questions:Does my husband have a legal right to see the Wills and/or Trusts?Can asking to see the Wills and Trusts be considered contesting the Mother's Will?Can a no contest clause in a Will effect a Trust? We know that the Father would not have allowed a no contest clause specifically against my husband and his sister in his Will or in the Trusts.Is it a conflict of interest for a trustee to sell himself property from a Trust?Could the loss of water rights be considered a breach of the fiduciary duties?Sorry for writing a book!Thanks.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: New MexicoJA: What documents or supporting evidence do you have?Customer: None, we have been told that we have no legal right to see the Wills and Trusts involved.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.
The Virginia Department of Health is of course closed over
The Virginia Department of Health is of course closed over the weekend, but the website states only close family members can obtain a death certificate- spouse, children, etc. They have been divorced for many years.She has been to the office that handles the titles many times ( Sorry, I am in Virginia, and not FL, so we are corresponding by phone), and was told that a death certificate was required from the deceased parent, to prove she is the sole survivor. How does she file such an affidavit? What office? Will they still require a death certificate?
May the court appointed administrator of an West Virginia
May the court appointed administrator of an West Virginia estate without a will sell the decedents home? Property owned by the decedent only. Only living blood relative is a 93 yr old cousin. Does the administrator of the estate need a specific power of attorney from the cousin to sign the sales contract and sell the home?
My Mom died March 12, 2016. 3 brothers I'm oldest and 2nd brother
My Mom died March 12, 2016. 3 brothers I'm oldest and 2nd brother who lives in same town executor. Was schocked Mom left home and contents to brother having changed will 1 month before father died 3 yrs ago complications dementia and Mom was at time frazeled from being care giver. Will said 1/3 on other which was 108,000 from qualified funds to me which I was greatful. My brother was coil on how things were divided even to day of burial. He was not being forth right on will. I pulled and found out above. He acts like car is his not by will worth 12000 Mercedes and nonqualified funds a no discussion and could be verified by 1099/2015 tax return with verification of balances since she died unexpectly from fall. My other brother seemed upset I would question anything but both have had money given prior to death at least 100,000 to 3rd brother when struggling. So with second handling funds and even though she had her own home and was independent I have questions why the inequity but overlooking that my brothers behavior on discussing other funds which seem under inflated. He's filed most forms on web site for County but his arrogance and odd behavior and my other brother make me want verification of accuracy conceding home/contents just to see I have not been blindsided. State WV in Morgantown. All us have been sucessful for most part and got along and it's unfortunate mistrust has entered equation more so than money.
Twenty-five years ago, several months before his death, my
Twenty-five years ago, several months before his death, my father loaned my then-husband $35,000 and my husband signed a promissory note with interest at 9% per annum. My now ex-husband never repaid the loan to my father, but paid me the principal a few months ago. Do I have a legal right to collect the interest or has the statute of limitations run for estate matters?
Counselor at Law
My father died in may 2015 and left his wife (my step-mom)
My father died in may 2015 and left his wife (my step-mom) as the executor of his will. The probate hasn't closed yet and now my step mom is in a nursing facility. He left me and my step brother as co-executors if she was not able to handle things. I was wondering if I had any legal right to things now since my step mother is in a nursing facility. My father told my sister and me he left her 60,000.00 dollars when he dies. She tells us he only left her 5,000.00. I don't know but I find that hard to believe. Is there any way I can find out if he left her any money because I'm afraid if he did maybe my step brother took over this and she knows nothing about it. Sarah D.GrubbsJA: Estate law can seem daunting, but getting accurate information now can save you headaches down the road. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit. Have you consulted a lawyer yet?Customer: I have a lawyer but he is not returning my calls.JA: Is there anything else the Estate Lawyer should be aware of?Customer: There is a house involved alsoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.