Ask Me Help Desk - Probate court nightmare

This is a long story but I will try to shorten it.My mom died in June 2006.I am the only child.She named my son the executor of the estate.This takes place in New York State.I had to go to a lawyer to get him to file the will.Then I had to go to the lawyer again and get him evicted from my moms house(he lived rent free with her) which was left to me.He was a squatter for 5 months.He trashed the house,and he would not comply with the court to do the accounting of the estate.The judge revolked his letters testimantary.I had to file with the court to become administrator of the estate.A checking account that was left to me in the will was used as an estate account.He wrote checks out of it to himself and for his lawyer.That is probably why he did not do the accounting.He also did not give me my grandmothers diamond that was also willed to me with a value of 10 grand.He has left a car on my property and personal items.I have not seen him or spoken to him in almost 1 and half years as he was not happy with what the will said.I guess he thought he would get the house.Ive asked the judge in the accounting that he pay me back for money he took out of the estate account and I asked for the car.What will happen about the ring that I did not get?If he abandoned property for over a year is it mine now?If he signs a release form does that mean I can claim a bank account that was not in the will but was in trust for him?He does not know about this bank account and for all the trouble and money that he cost me I am not going to tell him about it.This was a very simple will and he just did everything wrong.

What does your attorney advise you on this matter. You said that you had retained an attorney to file the will. He would be your best bet on this scenerio. Probate is a slow and meticulous process. You should have been done and over with the probate of your mother's will long ago. This is too complicated a scenerio to just give you any old answer. A proper accounting of the assets of the estate is in order. Your attorney can do this paperwork for you.

Time to go back to the attorney, perhaps a law suit and judgement against the other person.

Also something to look at is how old the will was. I'm not saying that your son didn't do something with the ring but it is also possible that your mother did something with it. But I'm with the rest and say go talk to your attorney that's what they are there for it has been over two years so it's going to be messy.

Quote:

Originally Posted by lucytwo2

This is a long story but I will try to shorten it.My mom died in June 2006.I am the only child.She named my son the executor of the estate.This takes place in New York State.I had to go to a lawyer to get him to file the will.Then I had to go to the lawyer again and get him evicted from my moms house(he lived rent free with her) which was left to me.He was a squatter for 5 months.He trashed the house,and he would not comply with the court to do the accounting of the estate.The judge revolked his letters testimantary.I had to file with the court to become administrator of the estate.A checking account that was left to me in the will was used as an estate account.He wrote checks out of it to himself and for his lawyer.That is probably why he did not do the accounting.He also did not give me my grandmothers diamond that was also willed to me with a value of 10 grand.He has left a car on my property and personal items.I have not seen him or spoken to him in almost 1 and half years as he was not happy with what the will said.I guess he thought he would get the house.Ive asked the judge in the accounting that he pay me back for money he took out of the estate account and I asked for the car.What will happen about the ring that I did not get?If he abandoned property for over a year is it mine now?If he signs a release form does that mean I can claim a bank account that was not in the will but was in trust for him?He does not know about this bank account and for all the trouble and money that he cost me I am not going to tell him about it.This was a very simple will and he just did everything wrong.

I agree with everyone else - when you say you asked the Judge for the money did you file formal papers with the Court?

No, abandoned property is not automatically yours and "not telling him" about a bank account is fraud. Does his fraud justify you committing fraud? Only you know the answer to that.

The point is I have been seeing a lawyer and it has cost me thousands.When my son was executor, if he did what the will said and gave me what was left to me ,none of this would have happened.As far as the diamond ring,that was in the family for 80 years and my mother wanted me to have it. She wore it everyday.She had it on the day before she went in the hospital and I know she didn't wear it there because she always told me that she didn't trust people in the hospitals so she always left it at home when she was to be admitted just in case anything were to happen to her.I think my son did a big boo boo because he didn't know that the ring she wore was that specific ring because she had it reset and it looked like new.My son did say after to his lawyer that he thought it would be an "old" looking ring.I think he pawned it because he didn't realize or know what ring was what.He probably thought WOW this big diamond and its not in the will and probably thought I would never miss it because she did have other diamond rings. Also how can someone leave an unregistered car on your property for 18 months and not do anything with it. I don't want it there.I own the land and I'm the one that pays the taxes.I feel he owes me big time. I did the accounting of the estate and asked that the judge more or less be on my side.I feel the car should be mine other wise why wouldn't he take it or just sell it.

Quote:

Originally Posted by lucytwo2

The point is I have been seeing a lawyer and it has cost me thousands.When my son was executor, if he did what the will said and gave me what was left to me ,none of this would have happened.As far as the diamond ring,that was in the family for 80 years and my mother wanted me to have it. She wore it everyday.She had it on the day before she went in the hospital and I know she didnt wear it there because she always told me that she didnt trust people in the hospitals so she always left it at home when she was to be admitted just in case anything were to happen to her.I think my son did a big boo boo because he didnt know that the ring she wore was that specific ring because she had it reset and it looked like new.My son did say after to his lawyer that he thought it would be an "old" looking ring.I think he pawned it because he didnt realize or know what ring was what.He probably thought WOW this big diamond and its not in the will and probably thought I would never miss it because she did have other diamond rings. Also how can someone leave an unregistered car on your property for 18 months and not do anything with it. I dont want it there.I own the land and I'm the one that pays the taxes.I feel he owes me big time. I did the accounting of the estate and asked that the judge more or less be on my side.I feel the car should be mine other wise why wouldnt he take it or just sell it.

Then you have no recourse but to sue your son.