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There are things the attorney HAS to do. It's right here in my packet from the court. Nothing is being put off. I already said nothing is holding up those processes. As soon as we got back from court he started on them.
As I understand it, an executor is represented by an attorney in a probate matter because the executor not only represents himself but also the interests of the beneficiaries and the creditors. The attorney is there to fairly represent the interests of all.
So how can your father fairly represent the interests of all when he has his own agenda going on here?
How your brother wants to sell the house is immaterial.
He is not the executor of the will. If he wants his half of the inheritance, he needs to go along with your plan.
If he just wants to live rent free for years on end, then he can keep this nonsense up. However, he does not get his half of the inheritance, and someone needs to pay the taxes, insurance, and upkeep.
If he does not have any beneficiaries, and if he should pass on before the house is sold, it would work in your favor as you would get your Mother's entire estate.
You should consult tax professional for the estate to determine when & how the sale should be conducted (& other assets distributed) to minimize taxes federal & state. The estate will need file a final return & taxes may be due at that time.
That isn't what he is doing, though. He is transferring assets to Bob. To put a new house in his name. I have no understanding of why unless those are Bob's conditions.
I thought your brother had no money. What assets is he able to transfer to Bob?
Can your brother qualify for a mortgage on the house of 100,000 which is his half of the maximum value of the house?
That payment if I am correct is about $500/mo.
You have previously said he cant qualify for a loan, but qualifying if you have a house as collateral is different.
If he could qualify for any amount say between 75-100K that would be enough for you to walk away from this whole mess, then that is something worth exploring imo. Lawyers should be able to figure out how to make it work.
Yes he may then squander his inheritance, but its not your problem.
Hey, everyone please understand that Jencam has very limited info on what her adult brother has in the form of assets. He had hidden his finances from her and changed his story often.
Random aside: I found out that things do not only differ by state, some things differ country to county. I am obviously following our specific county laws regarding procedures.
Nolo.com and such is not going to even break down more than some basics per state, and don't even touch on counties. It is not a good source to rely on at all. No internet source is except for a basic overview. A starting place.
Not sure whether anything pertinent to your case or mine actually varies by county - I doubt it. If so please tell me what the differences are.
Anyway, here are the instructions I just received regarding my mother's estate in Texas - which our Texas court gives every Executor or Independent Administrator.
You should have received your letters of Testamentary by now. Your attorney should be responsible for filing your oath of office, publishing the notice to creditors, and sending a copy of the will to all named heirs - I believe you've already stated that your brother has been mailed a copy of the will. Then your attorney will file the affidavit showing that all heirs have been notified that the will is being probated. Then you file an Inventory, Appraisal, and List of Claims within 90 days. You have stated repeatedly that your mom's estate is not complex, so that should be easy.
When everything is distributed, you may, if you wish but it's not required, file a Motion and Order to Close the Estate and discharge yourself as Executor.
Anyway, my point is that while there are steps, they are not onerous steps. Really all that you should be doing at this point is filling out the Inventory sheet, which is not complex. When I filled out my dad's inventory sheet for my mom, it took me about an hour to do so, and he had a very complex estate. My mom's inventory list is going to include about what your mom's will include - one piece of property, mineral rights, and a bank account. So neither should be difficult.
It sounds like your brother has money, and now he will have more. And he does NOT want you involved in his daily life decisions and activities apparently - which should be a relief to you. I know that while I have a decent relationship with my mentally ill brother, he does not "level" with me and he gets cantankerous if he thinks I am trying to control his life in any significant way (believe me, I'm not), so I'm more than happy to let he and the state and now apparently the trust handle whatever issues he is dealing with. In fact, I've had to clarify to him that I am not in charge of his trust, I'm not his guardian, I'm not legally responsible for him in any way. He was trying to push me into the same enabling role he had my parents in - him not leveling, and them enabling him whenever he called with some sort of implausible story. Nope, not doing it.
Example - he knows we are going to sell that one piece of property, which is chock full of his stuff. It is adjacent to some other property that my mom sold to some really great people, who have an extra key to the barn, which is fine by me. Personally I don't care if they go get anything they want out of that barn, but they don't go in there unless I am there, so that's cool, whatever. Anyway, my brother doesn't have a key, so he will need to coordinate with them. I have sent him their contact information twice. So the other day, right after my eye surgery in fact, he sends me another text asking for their information AGAIN. Now listen - he just needs to scroll up through our texts and find the information that I've already sent him twice - but of course it's easier for him to just ask me AGAIN. Then I can search for the contact and share that with him again. Nope.
So I texted him back and said, "I've already sent it to you." Now - that takes nearly as much effort (with my wonky eye) as just forwarding the contact info again, but doggone it, I am trying to set a precedent with him, which frankly is "I am not going to just give you what you want when you call. You will start doing some of your own work."
Thankfully in a few minutes he sent me another text saying he had found it.
So apparently he's trying to coordinate getting that stuff out of that barn. I hope so because soon all the heirs are going to get a letter from the attorney saying that we have 30 days to get whatever we want off that property. I'm sure whatever he does that he will leave a ton of stuff behind, for someone else to clean up, but it will just have to be sold with the property or whatever because my 60 year old husband and my 57 year old self are not cleaning that barn out. My gosh, we've already hauled my brother's stuff INTO the barn from all the various properties as they've sold. HE HAS NOT DONE A SINGLE THING. I can't WAIT for this estate to be settled and that property to be OFF MY PLATE.
Last edited by KathrynAragon; 03-11-2019 at 08:06 AM..
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