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-   -   Mother Passed, Now What? (https://www.askmehelpdesk.com/showthread.php?t=393105)

  • Sep 3, 2009, 07:13 AM
    Stratmando
    Mother Passed, Now What?
    Years ago, My mother had a will and gave a copy to my brother and myself 50/50.
    She told me, a friend in Washington State, where she lives, suggested her to rewrite the will and NOT give us or ANY Family a Copy? I thought it was a little strange, and was thinking you must have better(honorable )Attourneys up there, than we have down here.
    It seems an executor and an Attourney could modify Documents(In Kahootz)? Who would know. I was told by the executor of The Will, she went into her apt got $320.00 to pay the attourney, pay for and Ad, Death certificates, totalling over $590, doesn't add up. The numbers keep changing.
    She passed on the 16th, and yesterday(2 and 1/2 weeks later)just got the Attourneys name, called for a copy of the will, and said executor should have sent me a copy.
    After her passing, she could not give any details of the will or the attourney until "legal steps are taken"?(get money from apt. pay lawyer and do some unknown legal thing), All my mothers things went into a garage of a friend of the Executor), these are the people who had yard saled everything she had when she moved.
    Let me go back 1 year.
    A couple of her friends? Convinced her to sell her Trailer, sell her car. They were able to get $60,000 for a $100,000 trailer, and $3000 cash for her car. This money would help pay her $2500 monthly rent. Assisted Living.
    Mom said, don't worry, when the money runs out, The State will Take Care of her.
    Mary and I didn't feel she needed to go there, but she had a lot of Company, friends, activities.
    Her sister, my Aunt was curious about a book, An Old German Cookbook, their mom or grandmother gave her, I wanted to get it to her sister, they said they got rid of all her cookbooks as she doesn't cook any more. I would have not sold that book if I was her friend.
    She was Not real good with Computers, But had a Good friend that I trust, Install an extra hard drive, software. The attourney asked executor if anything important on the Hard Drive, She said no, so Lawyer said delete everything. Some things/pictures on drive are irreplaceable. I located the Computer shop computer was sent too and stopped him from deleting drives until sorted out.
    From what I understand, she went to the hospital for a broken ankle, then after variety of medications and rebreaking her ankle twice while at the hospital, she died "of a weak heart"?
    When she passed, her money had JUST ran out, and owed $200.
    She was to be buried next to her Husband, and that didn't happen as well?
    A lot of screwy stuff.
    Should My brother and I had a copy of the will sooner than 2 1/2 weeks.
    What can I do. She was US Air Force, as was My Dad. Thanks
  • Sep 3, 2009, 07:20 AM
    ScottGem

    First, my condolences on your loss.

    Second, getting a copy of the will within 3 weeks of the death is more than reasonable. Sometimes it could take months. You are also entitled to a strict accounting of the estate.

    But, frankly, if you believe that your mother ran through almost all her savings before her death, then I would not bother doing anything. If you want any of her belongings, arrange for a trip to go through what is left in storage advising the executor that you will be doing this and to not dispose of anything else until this is done.
  • Sep 3, 2009, 07:45 AM
    Stratmando

    They have a Yard sale planned for next Friday,
    Not worth the shipping of furniture and other None personal things.
    There are items I would like to go to her friends up there, a painting. And a young kid who used to help her, I would like toys go to him. Stuff like that. I don't want her life to be Yard Saled, I want the people who helped her to have certain Items, my brother has no problem with this as well.
    The trailer has $50,000 left too pay, We are to get about $300 @ month from the trailer.
    I asked what she gets. And said she will keep track of her time. Can an Executor and an Attoutney do well like this. I could see all Monies depleted like this.
    These are tough times, Desperate people do desperate things?
  • Sep 3, 2009, 07:52 AM
    ScottGem

    Its not unusual for an attorney to act as executor and bill the estate for their time. But its usually with large estates.

    If you are listed as the heirs you have the right to pick from her belongings before a yard sale.
  • Sep 3, 2009, 08:00 AM
    Stratmando

    I will likely fly up there before yard sale next week.
    The attourney is not the Executor.
    So you are saying, It is Normal for no one in the Family to have a copy of the will prior to her death.
    To me it SOUNDS like a way for a Family to be screwed? Would the Will be recorded in Court records? and if she was heavily medicated on the date of the will, is that valid, or suspicious?
    One of her closest friends has conflicts with the executor
  • Sep 3, 2009, 09:12 AM
    ScottGem

    Yes, it is VERY normal for the will to be held by an attorney. Many parents do not want their heirs to know the provisions of the will for a variety of reasons. A lot depends on the family dynamics.

    The executor should probate the will. Unless the estate is extremely small, this is normally done. The witnesses should be able to testify as to whether the testator was of sound mind and body, that's why a will needs to be witnessed.

    But the main issue is the size of the estate. If you believe that the funds she received for selling the trailer and car and whatever other savings she had, were not depleted by expenses at the time of her death, then you may want to protest. But if you believe there were little or no cash assets. Just furniture and other belongings. Then I would go claim, what you want and leave it be.
  • Sep 3, 2009, 10:41 AM
    KISS


    First, my condolences to your loss. Lost Dad to non-Hodgekin's Lymphoma in 2001.

    Now, I'll agree that getting copies of the will depends largely on family dynamics. What should have been known is "Who has the will". Where is it located in the home.

    My father's parent's will was never seen by my Dad, it was known that if you wanted property while we're alive, you can have it. A daughter and a son live on the land on property they acquired before death. My father and a brother got money and another sister got the farm house.

    My father and his brother wanted a clock, but I'm not sure if my father mad his desire known. There really wasn't much of value anyway besides the land. There is multi-million dollar homes across the street from a non-working farm now.

    Some of the other property was sold, with a deed restriction that one could not develop the property until his parents passed.

    With my mom, things are not set up as a trust, but rather POD because there is only one child. The Advance directive and power of attorney documents are in place.

    There is a contingent executer named and she has/will have a copy of the will.

    The worst place to put a will is a safe. A copy can be there, but you really need this info accessible without too much headache.

    Wills will change. The intent of another named executer is because mom and I could both be traveling and perish.

    My cousin, modified his will when the ENTIRE family went overseas and included me. Now he's nearly bankrupt, divorced, remarried (long-distance relationship), unoperable back problems and the like. So, the will can change.
  • Sep 3, 2009, 11:06 PM
    ORTHODONTIST

    I suggest get an attorney to investigate it will cost some money but I find in these legal matters that no one will help until someone who knows the law starts sniffing around good luck
  • Sep 7, 2009, 08:27 AM
    Stratmando

    Any attourneys on this site that can provide what I should be doing, what the Executrix should be doing. Any info to help protect Estate.
    I appreciate the help of a Computer Expert, and Electronics Expert and an Orthodontist.
    I am NOT surprised that an Attourney can not provide any Help or info, as this is a free site?
    I would like to hear an Attourney say" Go to this site, kdgfjgperojp.com click on your state or something like that, and this explains what you should be doing, what they should be doing and what to expect."
    Do I wait and see. Or forget and something will happen in 1 week, 1 month, 1 year. I have NOT a Clue.

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