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-   -   Probate/Estate (https://www.askmehelpdesk.com/showthread.php?t=197960)

  • Mar 25, 2008, 04:50 PM
    Lotta
    Thanks
  • Mar 25, 2008, 04:53 PM
    excon
    Quote:

    Originally Posted by Lotta
    When an excessive amount of money is "lost" from an estate then his license may be in jeopardy.

    Hello again, Lotta:

    Not from YOU it isn't, because you don't DO anything except TALK. It takes somebody DOING something to have that result. You ain't a doer.

    excon
  • Mar 25, 2008, 06:11 PM
    JudyKayTee
    Quote:

    Originally Posted by Lotta
    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.


    No, you didn't say anything about a legal hotline. I did - because every question was answered; the response to that answer was another question; that question was answered... and so forth.

    Perhaps if you had posted all the details the very first time I could have saved myself some frustration and you could have saved yourself some time.

    This all boils down if you want to GET some money you have to SPEND some money.

    Retain counsel.
  • Mar 27, 2008, 07:55 AM
    Lotta
    Quote:

    Originally Posted by JudyKayTee

    This all boils down if you want to GET some money you have to SPEND some money.

    Retain counsel.

    The attorney handling the estate is being paid from the estate assets.
  • Mar 27, 2008, 07:56 AM
    Lotta
    Thank you
  • Mar 27, 2008, 07:57 AM
    ScottGem
    Quote:

    Originally Posted by Lotta
    The attorney handling the estate is being paid from the estate assets.

    So? Of course he is. That's the way these things work. Expenses incvolved in processing the estate are paid from the estate.

    What we have been telling you is to get your OWN lawyer.
  • Mar 27, 2008, 07:59 AM
    Lotta
    Quote:

    Originally Posted by excon
    Hello again, Lotta:

    Not from YOU it isn't, because you don't DO anything except TALK. It takes somebody DOING something to have that result. You ain't a doer.

    excon

    Is it not the surrogate judge that oversees the activities of the estate, the attorney and the executor of the estate?
  • Mar 27, 2008, 08:00 AM
    Lotta
    Quote:

    Originally Posted by ScottGem

    What we have been telling you is to get your OWN lawyer.

    Thank you
  • Mar 27, 2008, 08:01 AM
    ScottGem
    Quote:

    Originally Posted by Lotta
    Is it not the surrogate judge that oversees the activities of the estate, the attorney and the executor of the estate?

    Once, more you need an attorney to represent YOUR interests. The others represent the interests of the estate, not the beneficiaries.
  • Mar 27, 2008, 08:05 AM
    Lotta
    Quote:

    Originally Posted by ScottGem
    If a beneficiary refuse to accept the final accounting, then it might be necessary to get a probate judge to approve it.

    If the judge does not approve it then will it go back to the attorney for corrections?
  • Mar 27, 2008, 08:09 AM
    excon
    Quote:

    Originally Posted by Lotta
    The attorney handling the estate is being paid from the estate assets.

    Hello again, lotta:

    DUHHHHH!! I don't know what that has to do with anything... What does it matter who pays him?? What matters is WHAT HE'S DOING. I don't know why that is soooo hard to understand.

    But, it isn't hard to understand, is it? You read and speak English pretty well... Nahhh, at this point, you understand just fine. I think you just love screwing with people. You're being very rude by ignoring what we tell you. I don't know why you're treating us that way. We've done everything we can to tell you how you can get your money...

    But, NOOOOOOOO, you want to talk about something else, like the weather. I said I was done earlier. I should have stuck with that.

    excon
  • Mar 27, 2008, 08:12 AM
    Lotta
    Quote:

    Originally Posted by ScottGem
    Once, more you need an attorney to represent YOUR interests.

    That is understood.

    Quote:

    Originally Posted by ScottGem

    The others represent the interests of the estate, not the beneficiaries.

    Quote:

    Originally Posted by JudyKayTee
    The probate court/probate judge oversee estates, makes sure they are settled in accordance with Wills and/or the law.

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

    Was using that post as references.
  • Mar 27, 2008, 08:20 AM
    Lotta
    Quote:

    Originally Posted by excon
    What does it matter who pays him???? What matters is WHAT HE'S DOING. I don't know why that is soooo hard to understand.


    If the money that is being paid to the estate attorney comes from a portion of the beneficuaries pay-out then is he not being paid indirectly by the beneficuary?

    Quote:

    Originally Posted by excon
    I think you just love screwing with people.

    Sorry but that is not the case. Just trying to understand the process.
    If it is said that the surrogate judge will oversee the documents than if he finds errors then the estate should not be settled until they are corrected?

    Unless I am reading the replies incorrectly?


    Thank you.
  • Mar 27, 2008, 08:24 AM
    LisaB4657
    I will explain the estate/probate process very simply for your situation.

    The estate's attorney is supposed to disburse the estate in accordance with the terms of the will. The estate's attorney is supposed to handle that disbursement in a way that maximizes the value of the estate. The judge is supposed to review the disbursement to ensure that it was done properly according to law.

    The important words above are "supposed to". People don't always do their jobs honestly or properly. You have to protect yourself against that happening. The only way you can protect yourself is to GET YOUR OWN ATTORNEY. You can't rely on the estate's attorney to protect you. You can't rely on the judge to protect you. You can't rely on the answers you get at an internet q&a site to protect you.

    Get an attorney. Today. Now. Before the estate's attorney wastes any more money that you can't get back.
  • Mar 27, 2008, 08:31 AM
    Lotta
    Quote:

    Originally Posted by LisaB4657
    The judge is supposed to review the disbursement to ensure that it was done properly according to law.

    Does the judge review the disbursements just prior to the final accounting or after it is signed by the beneficaries?

    (I understand- get an attorney)
  • Mar 27, 2008, 08:36 AM
    LisaB4657
    Quote:

    Originally Posted by Lotta
    Does the judge review the disbursements just prior to the final accounting or after it is signed by the beneficaries?

    I have no idea. But why does the answer matter? You're missing the point. There is a chance the judge won't even look at the disbursements and just sign off on it! Get it now?

    Quote:

    (I understand- get an attorney)
    Instead of typing out this question you should have been calling an attorney.
  • Mar 27, 2008, 08:36 AM
    excon
    Hello lotta:

    55 posts later, and you ask your question again. You got a LOTTA nerve. No, you don't understand squat. You're an idiot. You don't deserve money. Go away.

    excon
  • Mar 27, 2008, 08:41 AM
    Lotta
    Quote:

    Originally Posted by LisaB4657
    There is a chance the judge won't even look at the disbursements and just sign off on it! Get it now?

    Then the judge may not even look at the documents?

    Faith in the system or lack there of.
  • Mar 27, 2008, 08:43 AM
    LisaB4657
    Quote:

    Originally Posted by Lotta
    Then the judge may not even look at the documents?

    faith in the system or lack there of.

    Experience.

    It's been 10 minutes. Got an attorney yet?

    I'm done.
  • Mar 27, 2008, 08:43 AM
    ScottGem
    Quote:

    Originally Posted by Lotta
    faith in the system or lack there of.

    Exactly! You can't have complete faith in the system. That's why lawyers exist: to protect one's interests.

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