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Home > Law > Other Law   »   Probate/Estate

 
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Old Mar 24, 2008, 06:00 AM
Lotta
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Probate/Estate

If a beneficiuary refuses to sign the final accounting for an estate then does it go in front of the probate judge?

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Old Mar 24, 2008, 08:09 AM   #21  
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Quote:
Originally Posted by Lotta
What does it mean when the executor is bonded?


His/her actions are insured in case of error, theft - there is an insurance carrier who will cover the loss to the beneficiaries.

Same as being bonded on the job.

The executor may also be bonded.
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Old Mar 24, 2008, 08:12 AM   #22  
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Originally Posted by JudyKayTee

How and when the bills are paid is not a decision of the beneficiaries - it is the decision of the Executor based on those bills, the assets, proper and appropriate timing.


If the property taxes/income taxes have not been paid even though there are surplus of money in the account then would the executor/attorney being handling the estate properly?

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Originally Posted by JudyKayTee

I don't understand the co-mingled funds question - how do you comingle estate funds?


Seperate bills were paid with one check and the amounts of are not disclosed for each seperate item.

Two big ticket items were sold and only one amount is reflected in the accounting. A person is unable to determine how much each item sold for. The value of the two items combined should have been over $50,000 but the accounting only shows that the two items sold for $18,000 combined????

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Originally Posted by JudyKayTee


Anyway - before this turns into a blog I think you (as beneficiary) need to retain an Attorney and let him/her go from there. I think that was my very first advice to you and it's my current advice to you.



Thanks - just looking to understand the process.

Quote:
Originally Posted by JudyKayTee

And if you are wrong be prepared for the Estate's Attorney's fees to cut into your 1/3 because explaining to you and/or your Attorney takes time, time is money, the Attorney is entitled to be paid. For that matter if you are right, the Attorney's fees come out of the estate.



The attorney has already taken his cut even though all monies that should be paid into the estate have not been accounted for. The estate still is paid a monthy income for sold property.


Sounds like the money will come out of the beneficuaries 1/3 cut either way.
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Old Mar 24, 2008, 08:15 AM   #23  
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Quote:
Originally Posted by JudyKayTee
His/her actions are insured in case of error, theft - there is an insurance carrier who will cover the loss to the beneficiaries.

Same as being bonded on the job.

The executor may also be bonded.


What would be the criteria needed to prove money was "lost" from the estate?

How does one file a claim to the insurance carrier?
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Old Mar 24, 2008, 08:21 AM   #24  
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Quote:
Originally Posted by Lotta
What would be the criteria needed to prove money was "lost" from the estate?

How does one file a claim to the insurance carrier?


One files a complaint with Surrogate's Court; if they do not provide satisfactory answers, then you get an Attorney and that person takes care of the claim.

One way or the other - hire an Attorney. You are asking questions only someone familiar with this particular estate can answer.

And, yes, the Attorney often gets paid first - or monthly as services are rendered. Not unusual.
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Old Mar 24, 2008, 08:28 AM   #25  
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Quote:
Originally Posted by JudyKayTee

Probate reviews ALL the documents before an estate is settled/closed.


Does the probate court review the documents just prior to the final singing of the beneficuries are does this the court review the documents after they have been signed?

Quote:
Originally Posted by JudyKayTee



A beneficiary not signing the final accounting usually indicates there is bad blood, nothing more and nothing less. Obvious errors are caught by the Court; in theory, ALL errors are caught by the Court.


Should the beneficuary still sign the final accounting even thought there are "flaws" in the handling of the estate?
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Old Mar 24, 2008, 08:39 AM   #26  
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Quote:
Originally Posted by JudyKayTee
One files a complaint with Surrogate's Court; if they do not provide satisfactory answers, then you get an Attorney and that person takes care of the claim.


Should a complaint be filed before signing the final accounting or does it not matter?
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Old Mar 24, 2008, 08:42 AM   #27  
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Quote:
Originally Posted by JudyKayTee
His/her actions are insured in case of error, theft - there is an insurance carrier who will cover the loss to the beneficiaries.

Same as being bonded on the job.

The executor may also be bonded.

Is there a dollar limit on how much is covered by the carrier?
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Old Mar 24, 2008, 08:55 AM   #28  
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Quote:
Originally Posted by Lotta
Does the probate court review the documents just prior to the final singing of the beneficuries are does this the court review the documents after they have been signed?



Should the beneficuary still sign the final accounting even thought there are "flaws" in the handling of the estate?


Hire an Attorney.
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Old Mar 24, 2008, 08:57 AM   #29  
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Quote:
Originally Posted by Lotta
Should a complaint be filed before signing the final accounting or does it not matter?


Hire an Attorney.
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Old Mar 24, 2008, 08:58 AM   #30  
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Quote:
Originally Posted by Lotta
Is there a dollar limit on how much is covered by the carrier?


Hire an Attorney.
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