Welcome to InsuranceForums.info!   

Advertisments:


Sponsor Links

Affordable Pet Insurance
Travel Insurance Comparison


Legal Advise About 2 Year Old Will, Executor Not Following Through?

Funeral Insurance, Term Insurance and Burial Insurance

Legal Advise About 2 Year Old Will, Executor Not Following Through?

Postby Meilseoir » Sun Oct 01, 2017 7:13 pm

When my father was ill, both him and I went over our options of who to choose for executor of his will. We settled on a member of the church my father attended, who just happened to be a lawyer who specializes in wills and such. We asked if he would be willing to help my father by being the executor of his will, and he agreed to do so without mentioning any need for compensation.

When my father passed away, the executor of the will asked me to take care of dividing up my father's items to my sisters as per the will stated. I had no problem doing this, especially since it gave me time to be with my family. He then asked for my father's credit cards, financial stuff(bank cards, any cheques that were not cashed, letter stating that there was a pension plan from the company he worked for, ect)...And so I gave him everything he needed.
It is now over 2 years since my father's death(passed away this july/2010) and even though I have contacted the executor several times he has not spoken to me about any money left in my fathers estate(which there is some, although not sure how much). The executor is no longer responding to any of my emails, and his cell phone number is now different. I don't even know if the taxes were filed the year following his death.
What can i do? My sisters are on my back about this issue, one going as far as accusing me of stealing the money left in the estate. Should I go to the executors place of work and ask to speak to him face to face, or is there someone I can call to talk about this to?
I have never had to deal with wills before, and am thinking my father and I chose the wrong person to be the executor. I would have taken on the role but had no idea what to do...I'm worried the executor may have stolen the money left to us. He even spoke at my father's funeral.
Any advice you may have is greatly appreciated.
Meilseoir
 
Posts: 57
Joined: Thu Jan 02, 2014 12:58 am

Legal Advise About 2 Year Old Will, Executor Not Following Through?

Postby rodman » Mon Oct 02, 2017 12:41 pm

I think you should get another lawyer immediately to represent you and your sisters, because it does appear that you and your father unfortunately chose the wrong person.
The first thing is that he is a lawyer, so he is going to expect compensation for any little thing he does for that estate.
I worked for an estate attorney and what a crook he was! He would do NOTHING and then once a month tell me to pull the files and he would bill the estate for his 'work.' It was all basically legal - except for the fact that he never did anything for the stuff he billed for.
Oh, yeah, he'd make a call or send a letter to make it appear that he had done something for the estate, but the facts were that he did nothing and he was methodically billing the estate for his 'work.' And that's the way I see attorneys, and if you think that the dude you chose was in church because he was actually wanting to worship the Lord - ha! I'm sure he was only there to try to drum up business and stature in the community.
Put him on notice immediately and have another lawyer petition the probate court regarding your father's estate.
There is no reason why you and your sisters should be kept in the dark unless something shady is really going on.
Squelch it now before he can do any further damage.
rodman
 
Posts: 469
Joined: Thu Mar 31, 2011 7:24 am

Legal Advise About 2 Year Old Will, Executor Not Following Through?

Postby edison » Mon Oct 02, 2017 8:54 pm

If you are convinced that he is avoiding you, then you need to file a complaint with your state's Attorney Registration and Disciplinary Commission.
You can find the website by googling ARDC for your state.

There is an online form that you can fill out and submit.

All lawyers are required to carry Professional Liability Insurance to protect against malpractice or malfeasance.
He also has to be licensed in the state in which he is practicing law.

That is your first step. The ARDC is required to respond and investigate.
Sometimes just the threat of a lawsuit is enough for the attorney to start doing the right thing. The ARDC is your best option to begin with.

It is very difficult to find another attorney who will take the case away from the first attorney.
During the time that he is executor, he is entitled to pay himself reasonable fees from the estate.
That is often how the money disappears.
Don't wait, do something today.
edison
 
Posts: 200
Joined: Tue Sep 18, 2012 3:20 pm

Legal Advise About 2 Year Old Will, Executor Not Following Through?

Postby Lexann » Tue Oct 03, 2017 11:16 am

When my father was ill, both him and I went over our options of who to choose for executor of his will. We settled on a member of the church my father attended, who just happened to be a lawyer who specializes in wills and such. We asked if he would be willing to help my father by being the executor of his will, and he agreed to do so without mentioning any need for compensation.


When my father passed away, the executor of the will asked me to take care of dividing up my father's items to my sisters as per the will stated. I had no problem doing this, especially since it gave me time to be with my family. He then asked for my father's credit cards, financial stuff(bank cards, any cheques that were not cashed, letter stating that there was a pension plan from the company he worked for, ect)...And so I gave him everything he needed.

It is now over 2 years since my father's death(passed away this july/2010) and even though I have contacted the executor several times he has not spoken to me about any money left in my fathers estate(which there is some, although not sure how much). The executor is no longer responding to any of my emails, and his cell phone number is now different. I don't even know if the taxes were filed the year following his death.

What can i do? My sisters are on my back about this issue, one going as far as accusing me of stealing the money left in the estate. Should I go to the executors place of work and ask to speak to him face to face, or is there someone I can call to talk about this to?

I have never had to deal with wills before, and am thinking my father and I chose the wrong person to be the executor. I would have taken on the role but had no idea what to do...I'm worried the executor may have stolen the money left to us. He even spoke at my father's funeral.

Any advice you may have is greatly appreciated.
Lexann
 
Posts: 55
Joined: Thu Apr 17, 2014 3:36 am

Legal Advise About 2 Year Old Will, Executor Not Following Through?

Postby shepley » Wed Oct 04, 2017 9:55 pm

Unfortunately you may have to hire another lawyer, however lawyers are as thick as thieves and do not want to sue each other, so you may get screwed over twice!!

You might have to do a lot of research yourself, and it might be possible to bring the case before a judge without a lawyer,, I would also call the better business bureau, if he is doing something illegal, he should be disbarred, and the BBB or similar department should know how to go about doing that

Good luck
shepley
 
Posts: 91
Joined: Wed May 22, 2013 9:13 am

Legal Advise About 2 Year Old Will, Executor Not Following Through?

Postby Percy » Fri Oct 06, 2017 1:28 am

I would show up and let the attorney know that you intend to contest his handling of the will.
If he has done anything wrong, he could be disbarred.
That should get his attention.


He does have a legal right to be compensated for his time handling the estate, all executors have this right.
The numbers should be realistic, but lawyers tend to charge a lot for their time.


Estates can take a very long time to resolve, 5 years + is not uncommon.
Percy
 
Posts: 38
Joined: Mon Feb 10, 2014 12:52 am


Return to Funeral Insurance

 


  • Related topics
    Replies
    Views
    Last post