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tamned_1995 · Mar 28, 2009, 09:38 AM

Can a personal representative for a probate will not pay out what is entitled to me.
Thank you

tamned_1995

ScottGem · Mar 28, 2009, 10:07 AM

The executor or administrator of the will is required to see to the distribution of the estate. If they are not doing their job they can be reported to the probate court.

I hope that answers your question. I know its not a direct answer, but your question was kinf of vague and lacking in the details needed to give a more specific answer.

tamned_1995 · Apr 1, 2009, 05:12 PM

My brother died without a will, so his estate went into probate. Im sure the case is now closed, but I'm having problems with my other brother who is the personal representative, he had called me and asked me if I would give the money back to give to his foster mother I really didn't give him and answer, it's a large some of money that I truly need. How long does he have to send the checks out after it has been settled, is there a time frame?I received the petition and answered back that I was not apposed of the settlement. I came across my maiden name and his lastname to appear in front of a different judge, I'm not sure if it was pertaining to myself and my brother, but I think the lawyer went in front of another judge and stated they could not find me, this is after I received the petition/proposal for distribution about 3 months after. Can a lawyer do this? And if they can what can I do? My brother does not think I'm entitled since we did not grow up togethter they were taken away from there mother at a young age and I could not locate them. Please help me with this I am truly grateful sincerely
Tamned

tamned_1995 · Apr 1, 2009, 10:06 PM

Thank you very much, your answer did help,although can a attorney go to a different jurisdiction, stating they could not find me? Iasked the clerk of the court, he stated that he wouldn't know if it was under a different jurisdiction. The docket was under lambert vs lambert. Not my married name. The first petition I received listed my maiden name and married name. Thanks so much for your help. His lawyer wouldn't talk to me he told me to get a lawyer.
Sincerely
Tamara

ScottGem · Apr 2, 2009, 05:37 AM

Again, your question is vague about jurisdiction. Its not clear what you are referring to. I would strongly suggest getting an attorney.

JudyKayTee · Apr 2, 2009, 05:59 AM

Please post each question ONCE - asked and answered on your other thread.

You must consult with an Attorney.

ebaines · Apr 2, 2009, 06:01 AM

It's hard to follow what you're saying here. I understand that when your first brother died, your second brother was named as personal representative. Are you and that second brother the only heirs to the estate? Did you receive a distribution from the estate, and now the 2nd brother wants some back fom you? The only valid reason for requsting money back from you is for estate costs that he may have not properly taken care of before sending you the distribution (old bills, estate taxes, etc). Taking money back for his foster mother is not a valid reason. What petition did you receive? As for time frame to resolve the estate - it depends on the complexity of the estate. If there were estate taxes due it could take as long as 18 months to 2 years. If there were no estate taxes, then I would expect it should take about 6 months.

ScottGem · Apr 2, 2009, 06:05 AM

Threads merged