My mother had Dementia in 2006 and 2007. My brother, who was her Power of Authority, while she was alive, sold her car in that time frame, and didn't use it to pay on her bills. Now, I am her Executor of her estate, since last May 2007. My probate lawyer wants to know about all her titles and my brother told him, "He's taken care of that."

Her wishes was to give the car to his 18 yr old son, but my brother says his son didn't want it. I told him to make sure to give him the money for the automobile. My fear is he hasn't done that. What can I do now? Should I tell my probate lawyer?

your mothers wishes have to realized and your brother has to come up with the money or a car of the same value for his son. It is the law to honour a will and he could be in trouble if he doesn't comply. Please mention this to your probate lawyer, he as to make an accounting for legal and tax purposes.

It wasn't stated in her will to give the car to his son. She just told me that she wanted him to have it. As the Executor I need to make sure that all her assets are giving rightfully to all parties involved. I don't know if I can force him to give the money to his so without asking if it got. I guess I will have to do that some how. But I need to know how much he sold the car for and then make sure my brother gives him is part.

Thank you so much for your response. I appreciate it.

My opinion, which is free, and you get what you pay for, is to just let it go. You are making yourself sick over things that really don't matter. He wins you lose, done. Breath, and move forward. You really have no power to make anyone do the right thing, and until you get that, you will find it hard to let this go. I understand, been there done that. It's not important to win every time. Just let it go, Let it go, Let it go... as executor you can not change what is in the past, you can move forward from here and know that you wish it could look different but be OK with what it is. Let it go... NEXT

If he had a Power of Attorney at the time he sold the car he had no legal obligation to pay her bills. He just had the legal right to sell the car, nothing more. The probate attorney should have left this matter alone once he was informed of the brother having a POA in place at the time of the sale. POA and probate a will are two different items. POA is when a person is alive and incapacited and probate a will is when they are deceased.

The only person you have to worry about now is the probate judge and what he says. If all the paperwork is in order the probate of the estate can be properly closed. Remember you attorney needs to be paid in full prior to the final hearing. That is the law and he can't just take payments as the judge needs to see proof of his final payoff.

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Originally Posted by twinkiedooter

... Remember you attorney needs to be paid in full prior to the final hearing. That is the law ...

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Huh? Where did you come up with that one?

I don't think we even know the state, do we?

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Originally Posted by 51 really?

My opinion, which is free, and you get what you pay for, is to just let it go. You are making yourself sick over things that really don't matter. He wins you lose, done. Breath, and move forward. You really have no power to make anyone do the right thing, and until you get that, you will find it hard to let this go. I understand, been there done that. It's not important to win everytime. Just let it go, Let it go, Let it go...as executor you can not change what is in the past, you can move forward from here and know that you wish it could look different but be ok with what it is. Let it go.....NEXT

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First, this is a very old thread. Please keep an eye on the dates. The only people who will see this are the people who responded in the past. There are more current posts which could use attention.

We take great pride in our legal answers. We don't subscribe to the "you get what you pay for" theory. In fact, if you don't know you are encouraged not to respond. This does not operate as a chat board or like the other boards which are more opinion and less law.

"Let it go ... Next" - ? This is not a "feel good" board. People are here with serious problems. Please treat them kindly, not flippantly.

New, sorry, you put me in my place. I'll try to keep your advice in mind. The date thing I noticed after the fact, but again thanks for the information. I was not being flippent, in my opinion, which is all I was giving was for her to let it go. Really. Hopefully you can open your mind a little and see that all I really wanted to do was help, I did not understand that I was stepping on any toes with my feedback. I took the time to read and think about her problem and I took my time to answer with my heart but it sounds like that is not the feedback people want they only want real legal advice? So, if I'm not a lawer don't respond to legal questions. Got it.

Do you know of a group that I might be more accepted in? I was really enjoying the idea of this site. Thanks for any leads you can give me. And again, sorry.

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Originally Posted by 51 really?

... So, if I'm not a lawer don't respond to legal questions. Got it. ...

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No, that's not it. A lot of contributors here are not attorneys. But what we ask is that you be careful to see that your legal responses are accurate. If you don't know, don't guess. Instead answer another question for which you are reasonably confident your answer is correct.

PLEASE don't be passive/aggressive. Stick to the legal threads IF you can research and provide legal advice.

Stick to the relationshp and other threads if that's your strong point.

I do notice you were "corrected" on one of the other threads. No one is putting you in your place. We ALL were new here once. I stumbled - we all did. https://www.askmehelpdesk.com/real-e...se-587965.html Perhaps ScottGem put it better than I did when he said (and, if so, I apologize for the way I worded my response to you): "First this question was asked in a law forum. These forums have a higher standard of responses. Responses here need to deal with statutory law pertaining to the problem. its one thing to add some personal reference to a legal answer its another to answer with only personal opinion.

While you make valid points, you are also making a lot of assumptions. Was the OP asked to pay rent? Did the OP have a job until just recently? Did the OP contribute to the household in other ways? Before you attack the OP based on your biased assumptions, give him a chance to explain himself."

I learned NOT to respond on the medical threads unless I did my research. That's not my field. Yes, I answer there BUT I check and re-check my facts.

Sorry, but "you get what you pay for" and "NEXT!" did not seem to be terribly reassuring or informational.

And, no, I don't know of any other sites where you can give legal advice which may or may not be correct. As far as "chat" sites, there are a million. I'm sure you can find one that you like.

I must say this has been a very inteesting, passive/aggressive, The term passive-aggressive is defined as the "unassertive" expression of negative sentiments, feelings of anger, and resentfulness. So instead of verbally or physically expressing frustration or anger — or even simply saying "no" when asked to complete a task — someone described as passive-aggressive might simply act agreeable but then not follow through with completing the task.

And, no, I don't know of any other sites where you can give legal advice which may or may not be correct. As far as "chat" sites, there are a million. I'm sure you can find one that you like. cute You don't scare me I am married to an Analyst-'personality.' Analyst generally is a term for an individual of whom or which the primary function is a deep examination of a specific, limited area.

I learned NOT to respond on the medical threads unless I did my research. That's not my field. Yes, I answer there BUT I check and re-check my facts. Again, got it!

I am a promoter-'personality' Promoters are the most adept among the types at maneuvering other people to their position. They make a point of getting to know those in positions of influence. Promoters are also resourceful, knowing where the fun and the action are. They like to indulge themselves in the finer things in life and to bring other people with them. Their goal in life is to sell themselves and their ideas to others. Dramatic and debonair, they are gifted at earning others' confidence. I don't do research. I bet you are married to a promoter, if so you know me too.
I am good with people, I will stick to questions that my heart calls me to answer no research needed.

Once again, thanks for taking your time to help me understand how this site works. I understand, I think, but feel free to call me out when I miss step again.

Well, here we go again - please set out my quotes, separate them from your answers. It is difficult even for me to figure out what I said and what you said.

I was a double major in College - English and Psychology. And, no, I'm not married to a "promoter."

There is a difference between calling you out and correcting you, undoubtedly for your own good before you cross over a line which causes you to be warned and possibly lose your ability to post.

This conversation is not helping the person with the legal problem - if you want to discuss this further, why not post in the "help" section, let others join in.

Otherwise - I think OP's issues have been addressed - ?

Got it

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Originally Posted by AK lawyer

Huh? Where did you come up with that one?

I don't think we even know the state, do we?

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I worked Probate in Ohio where it is the LAW that the attorney's fees are paid in full. It's part of the probate package set before the judge to sign off on. There are quite a few mandated forms that must be included in any probate proceeding in Ohio and this is one of them.

And it doesn't matter what state as Florida has the same pay the attorney fees in full before presented to the judge for final probate.