laraL1T6
Apr 11, 2007, 08:16 PM
The only thing holding up the final disbursal of my father's estate in California is that one beneficiary has refused to sign the paperwork agreeing to the final accounting of the executorship, though the estate attorneys have sent her two cerfitied mailings, which she won't pick up at the post office. Note that the will & trust includes a condition that any beneficiary who contests the will & trust will be excluded from the will & trust. This one beneficiary has accepted all previous mailings & inheritance payments. The estate attorneys seem to be at a loss about what to do next.
- How can we get this one beneficiary to sign, thus allowing final disbursal & closure of the estate?
BACKGROUND: My father died in 2005, leaving an Irrevocable Will & Living Trust in California. To counter any potential allegations of wrongdoing by one of the beneficiaries, the executor put the living trust into a near probate state, which has been handled by attorneys & accountants. The will & trust stipulated that my father's house be sold at fair market value to one of the beneficiaries. The executor personally as well as through the attorneys notified the beneficiaries that our father's house would be sold below market value to the beneficiary given that option in the will. It sold for $100K less than the appraisal. We all agreed to this verbally, either overtly or silent acquiesence, as it was our father's well known wish that his son buy the house & take care of our sickly mother. He could not afford to get a mortgage at the fair market value. He has done all that our father asked, & he is earning his place in heaven. The executor has already distributed the bulk of the estate to all of the beneficiaries. There's only another $120K or so to disburse.
- How can we get this one beneficiary to sign, thus allowing final disbursal & closure of the estate?
BACKGROUND: My father died in 2005, leaving an Irrevocable Will & Living Trust in California. To counter any potential allegations of wrongdoing by one of the beneficiaries, the executor put the living trust into a near probate state, which has been handled by attorneys & accountants. The will & trust stipulated that my father's house be sold at fair market value to one of the beneficiaries. The executor personally as well as through the attorneys notified the beneficiaries that our father's house would be sold below market value to the beneficiary given that option in the will. It sold for $100K less than the appraisal. We all agreed to this verbally, either overtly or silent acquiesence, as it was our father's well known wish that his son buy the house & take care of our sickly mother. He could not afford to get a mortgage at the fair market value. He has done all that our father asked, & he is earning his place in heaven. The executor has already distributed the bulk of the estate to all of the beneficiaries. There's only another $120K or so to disburse.