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While going through living trust, probate, can sn attorney…

While going through living trust...
While going through living trust, probate, can sn attorney 'hold' in reserve money from a living trust?
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Answered in 2 minutes by:
9/23/2017
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 63,663
Experience: Licensed attorney helping individuals and businesses.
Verified
Generally no unless has consent of all interested parties or there is a disputed claim and lawyer holding pending resolution.Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 10 months ago
My brother and I are co-trustees. All bank accounts have been closed but one. It has an annuity check plus money from account. Attorney says she is holding $100,000.00 in reserve because if one house in probate. The house was not in living trust so it is in probate. I have asked to close account several times and she refuses stating the reserve. Doesn't seem right she is holding our money.
Customer reply replied 10 months ago
Answer? The
I see no basis for the conduct here. Not justified and not related to the property being held.
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if I can elaborate on anything, just ask me. Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 10 months ago
Then what's the reason she is not 'allowing' the account to be closed? She keeps saying it's money in reserve. Reserve for what? There are no outstanding bills. Only thing left is house in probate and closing Lady bank account. Do we need her for probate? Thx for sticking with my question.
Customer reply replied 10 months ago
Sorry .... last bank account, not lady
Lawyer needs to explain. But trust and will should not combined and lawyer needs consent of all to escrow!Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 10 months ago
Unless selling a house, please explain escrow. I feel that she is out for the money. Next court date for private is March 2018, which seems crazy. My Mom passed 11/2016
Customer reply replied 10 months ago
Probate, not private
Escrow is any amount held to address open issues. Here does not appear to be the case. Lawyer needs to explain and get consent from the court if parties object!Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 10 months ago
Since my brother and I agree that account be closed and distributed, shouldn't it be? It just doesn't make sense to me that she is holding. It's not her money.
if lawyer objects the court should decide!Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 10 months ago
Then I need my attorney for court. Seems like I need her for everything. My Mom had everything in living Trust but the house. Seems like this has become more complicated with attorney. How else can this be settled. I already have $6000.00 invested which seems ridiculous.
Threaten to take lawyer to court which may prompt lawyer to release!
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Customer reply replied 10 months ago
Interesting. Almost done..... the house is now in probate. Isn't that expensive? (I've been told) why can't my brother and I just split the house? Why do we have to wait?
Court should approve final accounting and no reason for escrow or delay.
Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 63,663
Experience: Licensed attorney helping individuals and businesses.
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Infolawyer and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
Thank you! Have a great weekend!
Thanks. Leaving a bonus after rating is very much appreciated.
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