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MarleyLin · Jan 30, 2012, 04:08 PM

Is the executor of my dad's estate obligated to give me my inheritance?

ScottGem · Jan 30, 2012, 04:16 PM

Of course they are. It is the duty of the executor to process the estate and distribute it according to the descendant's wishes and state law.

How long ago did your father die? It can take months to process an estate. Was there a will? Do you know what the will says? Do you know what your bequest was supposed to be?

Finally, what does your question have to do with the title? Did you also perform POA duties before your father's death and did performing those duties cost you money?

MarleyLin · Jan 30, 2012, 04:33 PM

My step dad passed away a month ago. I was his POA and I paid the lawyer fee of $300.00. I was also my step dads caregiver all but except the last week until his death. I traveled to the lawyers office three times and to the bank, funeral home, etc. He had made me the beneficiarie to an annuity of $20,000.00. My step dad's nephew says he will see what is left, then I may or may not get the annuity money. My dad had this set up in 2005.

ScottGem · Jan 30, 2012, 04:47 PM

Yes you can bill the estate for any expenses incurred while acting as POA.

Do you know the details of the annuity? Company holding it? Policy number? If you were the named beneficiary of the annuity, then it may not be part of the estate. If you don't know the details, you may be able to get them from the probate court record.

MarleyLin · Jan 30, 2012, 05:06 PM

The annuity was with The Hartford group. As POA I cashed it in early to have some sort of asset to take care of my dad for whatever time he had left. The bank said that I could not set up a living trust fund so I had to hold the check until he passed away and I submited it to his estate. I kept getting wrong information from the annuity company and just did not know what else to do. My dad has no assets to take care of him while I was with him as his social security had to pay his bills.

I spent over $2,000.00 traveling back and forth while he was in the hospital as I live seven hours away. My husband lost $2,000.00 in pay traveling to me. I spent $300.00 for attorney fees. Groceries for myself and my dad's live in girlfriend. Cooking, and care giving for a month 24/7. My dad has no will.

I guess I made things difficult, but the girlfriend was a gold digger and was trying so hard to get to my dads assets and she did a very good job, getting his truck and his car and household items.

Fr_Chuck · Jan 30, 2012, 05:08 PM

But it also takes months for an estate to settle, get all bills from all creditors and have to pay certain debts first and so on.

joypulv · Jan 30, 2012, 05:39 PM

I'm confused why you would hand over the annuity to the bank, or want to set up a living trust, unless you are in a situation that will be affected by a windfall?
Or how a nephew is telling a stepchild what you may or may not get.
Without a will, who gets the rest of what he left will depend on what state he died in.
And it will mean that probate will probably take longer.
What state, and how many children are there of his?

MarleyLin · Jan 30, 2012, 06:28 PM

The state is in VA. I am the only child, although they keep reminding me that I am a "step" child. He had no spouse living, just a sister age 90 and a niece and nephews. They all of a sudden have said that he had other "heirs". My dad had half an interest in his home, as it is suppose to go to his deceased wifes' grandson. My dad never realized that he owned half of the house. Thought he only had life time rights. I only want to collect what I was beneficiary of, the annuity.

I was affected by a windfall with the live in girlfriend who was squandering every thing that he owned. Had a girlfriend of hers to pose as if she were my dad's girlfriend and called the bank to be put on my dads checking account etc. It was not looking good in my dads best interest to leave the annuity alone. I knew if he lived longer there would be no monies to take care of him, etc. if I didn't go ahead with taking the annuity out and put it in a trust in his name.

AK lawyer · Jan 30, 2012, 10:05 PM

As the step-child of an intestate dececedent, normally OP would not be entitled to an inheritance.

The proceeds of the annuity would probably belong to the estate. But if OP set up a trust, I would think the trust would be outside the estate, and it may have been a mistake to pay the trust corpus to the estate. If the estate has the funds however, OP needs to file a claim with the PR for her expenses incurred under the POA.

ScottGem · Jan 31, 2012, 04:28 AM

Again, the problem here is that the annuity no longer exists. The moment you cashed it in, you ended it and, therefore any rights you had to it. I'm sorry, but unless he left a will that bequeathed you something, I don't think you have any rights to any part of his estate. If you had left the annuity alone, then you as the listed beneficiary, could have just claimed it and the estate would have had no control over it. But since the annuity was cashed out before his death, you are owed nothing with respect to it.

I would suggest consulting an attorney to confirm this, but I doubt if you will hear anything different.

You do however, have the right to bill the estate for any expenses you incurred in acting as the POA. But I'm not sure if travel expenses, especially for your husband would be allowed.