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    kjackson13's Avatar
    kjackson13 Posts: 3, Reputation: 1
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    #1

    Aug 19, 2012, 11:49 AM
    Executor should not do what
    In probate since 10/13/11. Dad died 10/11/2011. Father died 10/11/11 without a will. Married to wife (4th wife) since 5/2007. He verbally told wife his wishes for his kids to have home and his personal property. Father purchased home 5/1984 and paid off 01/11. Had house full of furniture paid off before marriage. Had a 2007 cadillac which was paid using money from previous car that was totaled. Wife just started paying for car since death and paid off a month or two ago. Found out after death that father had another car, a 2009 Toyota Camry, I didn't know about. Wife's son-in-law drives it and has been late paying note since the car was financed, according to credit union. Father had dementia. Father is only person on both titles. We're currently in probate court. I have gotten everything to take to court. I am the appointed executor. Went to court for Discovery. Father's wife/attorney did not disclose anything in court. Judge ordered them to have it and provide it to me. They didn't do it. Went to Distribution of Assets court and when judge found out that they still didn't disclose the information, she told father's wife and attorney to provide that information immediately or else she told me to file a contempt motion. They didn't. Well, I did that the end of July, but Judge has not ruled or contacted me, nor has Father's wife responded to motion. I have not been able to gather my father's assets, cars, nor property. Father's wife left the house back in Nov. or Dec. of 2011 without letting me know. I've paid all the taxes, put on new roof on home, and maintained home. I live in Texas by the way. Should I get towing company to pick up cars to secure them? What do you think will happen with Judge's ruling? She already said that the home will go to the heirs (3 children). What else should I do or can I do? Father's wife took EVERYTHING plus CARS out of house and won't return them for inventory or anything? She's not cooperating at all. Just got claim that she and son-in-law are suing estate for entire amount paid on both cars. What should I do? What do you think the outcome will be? Oh, Judge is upset that Father's wife is not cooperating but has not ruled or held her in contempt yet? Please advise. I'm tired of fighting.
    kjackson13's Avatar
    kjackson13 Posts: 3, Reputation: 1
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    #2

    Aug 19, 2012, 12:02 PM
    By the way, this is in state of Arkansas, Pulaski County. Dad owned home for 30 years, 25 years when first married. Woman took everything and abandened Dad's house end of November. I found out from one of the creditors in January.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,505, Reputation: 4600
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    #3

    Aug 19, 2012, 12:22 PM
    Your hands are tied as long as the matter is in the Court system.

    To do anything would put you in contempt.

    It's not unsual to have to wait for a ruling.

    I'm sure you know the law which is very different from other State laws:

    "Intestacy
    When a person does not leave a will, naming beneficiaries to inherit his estate, Arkansas' intestacy laws set forth the order in which his heirs have a right to inherit. Unlike most states, in which the surviving spouse is the first to inherit, Arkansas statute 28-9-214 states that the decedent's children, if living, are entitled in inherit equal shares of the entire estate. If there are no children and the spouses were married for at least three years, the surviving spouse will inherit half of the decedent's estate. The decedent's parents, if living, will also be entitled to inherit half of the estate. If the decedent is not survived by children, a spouse or parents, his siblings and their children -- the decedent's nieces and nephews -- will inherit equal shares of the entire estate."

    It appears that whatever your father told you is meaningless. All that matters is the written word.
    kjackson13's Avatar
    kjackson13 Posts: 3, Reputation: 1
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    #4

    Aug 19, 2012, 01:29 PM
    Thanks. Appreciate your response.

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