Any Lawyers out there or knowledge of Probate Law?

[sacredcreatures]

I need to vent just alittle, My mom as most of you know passed away on Oct 25th, 07 and she had a living will, so my problem is my brother. Ok I have two Brothers, one is living in my mothers house with his family and this is my problem. We are all Trustees of the Will, But this brother is the main one and I am the second one so I have to sign on the trust accout if he needs money to pay bills ect. But do you think its fair that he is living there creating more bills and using our mothers money that is to be split between us three equal ways fair? I do not know what to do about this. The house is also free and clear so its to be sold and split between us again equally. But since hes living there with kids and dogs and wife ect how can this house be cleaned and fixed up with him there? I was just hoping someone knows the law and can advise me alittle because I do not want to cause trouble if everything is cool. My hubby says we should charge him rent!!! Any thoughts are welcome. Thanks!!! Deb

 

[TripleMoonsExotic]

I don't have any legal advice but...

A similar situation is starting with my mother and her siblings. My Uncle has moved into my Gram & Paps house in hopes that when they pass it will be easier for him to take the small farm. He's done everything possible to stamp his name on the property, including putting his business there (Bee/Honey Farm). Mum says that legally (in PA anyway) it won't matter what he does, if he wants the property he will have to buy her & Amy (my Aunt) out.

It's really said how some families scramble and fight for the inheritance when a death occurs. It is unfair to you that your brother is doing this, and in my opinion, it is his responsibility to pay for the bills he has caused. I would stay firm on the matter, make sure he pays rent for the property and get this settled with lawyers asap.

 

[BalloonzForU]

I would make him buy you and your other brother out of the house if he refuses to move. And I agree that he should be paying for any bills that he and his family(wife, kids, animals etc) cause while living in the house.

 

[PaulSage]

Is your brother the executor of the estate? Sometimes it's also referred to as the "personal representative" of the estate. If he is, then he is entitled to a "fee" equal to 2% of the net value of the estate, and can also deduct "expenses" incurred during the administration of the estate.

All the probate stuff can be pretty confusing and frustrating, and each state is going to have slightly different regulations pertaining to how certain things need to be handled.

(I'm not an attorney or anything, but my father died right after both of his parents and left me with three estates to deal with... so I feel your pain.)

 

[sacredcreatures]

Paul, and anyone else, First of all, if it makes a difference, I was told that a Living Will is a better way to go, which is what my mom has, Basically, Everything is split in thirds and we get money right away out of any CD's and savings or her bank account. In the Living Will, it states that the trustee( which is all three of us, my brother being the main one) should get no more than $1.00 over the others, for being the trustee). So I took it the way it was stated and since he is a family member and not an outside trustee I thought he isn't intitled to any extra money. He actually forced his title when my mom was very ill and out of it. And he says the lawyer is working on a payment document( so he will get money for his services) How can the lawyer do that when in the Will it says he gets no more than $1.00 over what any of us get. So This is where I am totally confused. Also since he is living there in my mothers house free of charge and is using our money(moms money) to pay his own bills, I would think that is more than enough should he be intitled to a extra amount of money for being the main trustee. He even opened up a Household account in his name only, which I do not see how that was possible using my moms money, When it takes him and one of us other two to sign when he takes money from the trust. And lastly I was told by my mom a week before she passed away that she had left a ring set( her wedding rings) in the trust to me and my brother says its not in there. In fact nothing that she owned( personal items) are listed to any of us but we are to split them equally and that the amount they are worth plays into that too. Like noone is getting all the expensive stuff and others are getting a bookshelf. But whats funny is on another paper that I was told by my brother, that my mom did write up something, her wishes, that she wanted to give grandkids ect, Funny thing is only my brothers kids are on it and my daughter who was her favorite isn't listed. Something fishy is going on if you ask me. The lawyer that did the Living Will is a close friend of my brother. Oh and there is a clause where majority rules, if two of us have a problem with something we can vote and do something about it. Like both of us( my other brother and I) feel we have a right to charge him rent or insist he is paying his own bills. He is just draging his feet when it comes to getting the house cleaned up and put on the market. I do realize its a buyers market right now, so the house may sit for years. OH and he took advantage of my mother two years ago telling her that his house he was renting was going to be torn down so he moved his whole family in her house and never left then stole her credit cards, charging bill money on them and also having her get a loan so he could get a Harley motor, he was building a HarleyMotorcycle, but (its in her name) and yet my brother wouldn't pay on it and it started to ruin her credit. He is a big Jerk for doing such a thing in the first place and I told mom she needed to do something about it and to get him out of her house she complained to me all the time but she didn't want to have him arrested, so nothing was ever done. So there goes more of our share again to pay his bills in her name. And to be honest its not that I am desperate for the money, Its that I feel he took advantage of her and has basically gotten alot of money already from her and he shouldn't be able to get way with more money than is ours now. I just don't want him to do it to us. What I am worried about is if I contact another Lawyer to look into things, doesn't he put a freeze on everything while looking? Because I just what this all to end so I can get on with my life, its too painful to go there and see my moms things. And Last night I broke down because it started to snow alittle and for the last 11 years I have always called my mom to tell her it was snowing. And I started to call her and I remembered she is gone. Sorry this is so long but these are important things to mention. I appreciate anyone who can give me advice. Thanks so much! Deb

 

[BalloonzForU]

I would contact another lawyer along with your other(nicer) brother to question what your brother and his lawyer friend are doing. If he freezes everything, then I would think that's good, so your brother can't keep spending the money.

 

[The NY Gecko]

Agreed, contact another lawyer. They will tell you what to do. And if he freezes everything so much the better, that way brother cant take more. I have a similar story. They day my grandfather died my mom came up to me and said "by the way, i get the motorcycle and the guns". As if she had some say in the matter. I laughed at her and told her to grow a brain cause i knew she had no use for either of those things on top of the fact grandpa had said they were for me AND my grandma got the final say. She got shafted on that one, and i love it. Do the same thing to your brother, watch his face twist when he finds out hes wrong and by law is now forced to fix it.