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carolh · Apr 12, 2007, 06:57 PM

Just found out mother's will was probated March 2006. A joint account in the deceased name & one sibling was not given to the sibling upon death as allowed by law. Account was put into probate, monies disappeared & remaining money was distributed to the executor. Charges are going to be filed against attorneys involved, but meanwhile, can something be filed with the orphans court to right this wrong (too late for objections you only have a yr. to do that). If the court made a mistake on not distributed the account to the right person, can a motion now be filed with the court because we just found out? Or does it have to be done in civil court or can it be done in civil court?

grandhaiku · Apr 13, 2007, 08:25 AM

A lot of questions about your problem. If I understand you correctly, one of the siblings of the deceased was left out of probate. Was there a will? Was the sibling included in the will? What does the Orphan's Court have to do with it? Did the Pobate Attorney advertise the probate as required by law? I believe the time statute starts from the time you discover the error, if probate was not advertised.

carolh · Apr 13, 2007, 07:13 PM

Two of the siblins were left out of probate. There was a will. One sibling's entitlement from the will was not in the accounting of property, which we are now investigating where that money went, the other sibling was given "the checking account." The estate attorney FINALLY called today to say that the checking account in the will was closed out (4 months prior to death) and the money was put in another checking account, same bank, not joint, just mothers. So it looks like the court did not make a mistake, they were going on what the estate attorney advised. But the will said "checking account" there was no certain number checking account.

Orphan's Court is who takes care of probates. Probate attorney did advertise, in their local paper, this sibling is out of state, and this sibling's attorney failed to represent her properly. Orphan's Court cannot reopen case since it was probated last year, so it looks like the only recourse is a civil action.

grandhaiku · Apr 14, 2007, 06:28 AM

Hi Carol: I am assuming you are in the New England area. A couple of points of order: The only people needed to be notified of the Estate were the people named in the Will and creditors. If the people in the Will were not current with accountings of the Estate at the opening of the Estate, during, and before closing the Estate, you may have recourse against the attorney. You needed to object to the closure of the Estate within 20 days of the closure for the Court to take action. If you have proof of indiscretion, go after him right away.

I would think you pretty much know what your Mother had and where it would have been. Sounds like you may have had a real "snake" taking care of business. I too, had difficulties with a Trustee taking assets and relocating them for his own personal gain. Still fighting him 10 years after the fact! I have gained a lot of ground, but still finding problems.

carolh · Apr 14, 2007, 09:44 AM

Geeze, good luck to you. I have a few attorneys I will be filing a complaint againt with the bar association.

grandhaiku · Apr 15, 2007, 12:38 PM

Hope the estate is worth more than your attorney's fees. Sometimes, it just the principle of the thing! Thank you and go get 'em.

RichardBondMan · Apr 15, 2007, 04:11 PM

Was there a surety bond, also commonly called a probate bond, that the will required the executor of the estate to post with the court ? In some states where a probate bond is required of the executor, the will can exempt the executor from having to post a bond. Might be worth checking on especially if the executor failed to follow any rules required by the state or if the executor failed to follow the terms of the will. It's the executor's responsibility to gather estate assets, then disperse them according to the will. The bond, if any, guarantees that and the bond is money to replace money not properly dispersed to heirs.

carolh · Apr 16, 2007, 07:33 PM

Originally Posted by RichardBondMan

Was there a surety bond, also commonly called a probate bond, that the will required the executor of the estate to post with the court ? In some states where a probate bond is required of the executor, the will can exempt the executor from having to post a bond. Might be worth checking on especially if the executor failed to follow any rules required by the state or if the executor failed to follow the terms of the will. It's the executor's responsibilty to gather estate assets, then disperse them according to the will. The bond, if any, guarantees that and the bond is money to replace money not properly dispersed to heirs.

Thank you, I'll have to check on that because I'm wondering once I take him back to court and get a judgement against him, how he plans on paying. I talked to an attorney today who said if I can prove my case (which I believe I can) we can get them on fraud.