Ask Me Help Desk - Probate/Estate

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.

Quote:

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?

Quote:

Originally Posted by JudyKayTee

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

Separate bills were paid with one check and the amounts of are not disclosed for each separate 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??

Quote:

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.

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?

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.

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?

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?

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?

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.

Quote:

Originally Posted by Lotta

Should a complaint be filed before signing the final accounting or does it not matter?

Hire an Attorney.

Quote:

Originally Posted by Lotta

Is there a dollar limit on how much is covered by the carrier?

Hire an Attorney.

Depends on the terms of the bond. But basically it probably insures the estate against malfeasance by the executor.

Quote:

Originally Posted by ScottGem

Depends on the terms of the bond. But basically it probably insures the estate against malfeasance by the executor.

Would signing the final accounting not allow the bond to be pursued?

Quote:

Originally Posted by JudyKayTee

Hire an Attorney.

Will have to contact the surrogate court for complaint form(s).

Quote:

Originally Posted by excon

Hello Lotta:

One hires an attorney. If you're a party to the proceedings, the judge won't talk to you.

excon

PS> You also should start your own thread. You'll get more action that way. Maybe it'll be moved by a moderator.

Can an individual process a bond against the estate or will one need a separate attorney?

Thanks

First, if the bond is what I think it is, then the bond would be paid if proof of malfeasance is produced. Doesn't matter what was signed.

But what you NEED is an attorney. Someone who can guide you through probate court. We can't do that. We can only guess about the circumstances.

The attorney refuses to show the beneficuary any of the documents.

The executor paid $20,000 to have the interior of one of the residential properties in the estate painted. The cost should have been around $2,000 - $3,000. Executor will not explain the reason for the excessive money paid to the painter. Odd?

One house was sold and 2 days later the house sold again for over 20% higher without any improvements. Odd?

Another individual was an executor of another estate and that lawyer stated that the beneficuaries can request any information about the estate and he must submit it to them.

Quote:

Originally Posted by Lotta

The attorney refuses to show the beneficuary any of the documents.......... Odd?

Quote:

Originally Posted by excon

EVEN if we told you that you are being cheated, what the HELL are you gonna do about it?????

Without a lawyer, you can't do ANYTHING. This lawyer who isn't cooperating with you, isn't all of a sudden going to lay down for you because you told him you found out stuff on the internet......

Hello again, lotta:

Odd?? ODD, you ask?? Not to me. I told you he was going to do just that.

I don't know. Do you think I do this just to see to see myself in print??

excon

Quote:

Originally Posted by JKT

Comments on this post
JudyKayTee disagrees: Lotta, I don't know what the problem is here. Your questions have been answered and answered and answered. This is not a legal hotline. Retain an Attorney. No matter how clearly, how many times the procedure is explained you are not understanding

I asked the very first question on the top of the thread and then the forum mods must have inserted the next post as it has a quote from another thread. It appears that people were confused by that second post.

I never said that this was a legal hotline just asked a basic question at the top of the thread regarding "If a beneficiuary refuses to sign the final accounting for an estate then does it go in front of the probate judge?"

Additional information about the situation were asked and I put forth the details.

One does not encounter the process of estate on a weekly basis.

Hello again, Lotta:

Nobody is mad at you here - frustrated yes, but not mad. Your question has been answered to best of our ability. You got GOOD advice, too.

ALL of us, however, to a man, have told you in one continuous voice that you need boots on the ground to DO the work that we can only talk about.

The last part, for whatever reason, has completely gone over your head. I don't know why. You just pretend it wasn't said.

excon

Lotta - probating a will is a pain in the rearend to put it mildly and can take enormous amounts of time and effort for the court and attorney to properly figure out. Please just consult with an attorney and ask him all of your questions. Yes, the court goes over every piece of paper and makes a big deal about the littlest of things. If you had to prepare these documents for the probate court you'd know what I'm talking about. I had to do this and believe me it's totally out of your league the questions you are asking cannot just be "taken care of over the internet". Probate is an animal unto itself, believe me. Let the experts take care of this for you.

If there is THAT much money involved here, then definitely pay an attorney PLEASE!