On Apr 12, 7:31 am, Ed <emconsult...@gmail.com> wrote:
I and two siblings are coexecutors on my mothers will. property was
willed to be split three ways.
house and furninshings etc.
I was given first refusal on purchaing property.
Do you plan to do that? Or not? Not sure what the relevance is
here.
I live some miles away
Does that mean across town, or on the other side of the continent?
Again, though, not sure of the relevance unless it somehow makes it
inconvenient for you to have an active role rather than a merely
nominal role as co-executor.
and one siblings has been staying in the
house.
Was that sibling a regular occupant there before Mom died, or did s/he
just move into the empty house after? Some context would be
helpful. So far, nothing necessarily wrong with what you've told us.
I do not have keys to the property,
Do you think you should have?
when I received a notice to sign
for probate court as an executor it lists inventory and value.
antiques, bank accounts etc are not listed or accounted for.
Did you get your fair share of those items? If so, what's the
problem?
If not, do you suspect that your sibs have misappropriated those items
and cut you out of your share? Or does it look like all the
furnishings, etc. are still in the house, and they just don't want the
probate court nosing around about it ad will make a distribution
later?
I can tell you from estates I have helped admininster (esp. those
without a will) that accounting for every single piece of furniture,
tchatchke, rare book, objet d'art, and other personal property of a
decedent is a real PITA. Although your state's law may require you
to list all such items anyway, other states may not, unless their
distribution is in dispute and/or their value exceeds a certain
amount. Many people -- from the very rich to the very poor -- die
possessing various kinds of personal property (but nothing titled
solely in their name whose title can only legally be passed to others
by means of probate, such as real estate, motor vehicles, and
registered securities) and never have to file anything with the
probate court.
If I do not sign does the probate court still proceed ?
Maybe. But if what you want to do is protest the way your sibs have
handled the estate, don't sign off on anything you don't agree with.
Doing so may legally preclude you from later arguing otherwise and you
will be stuck with your own written admission that everything was
Kosher.
I am located in Rhode Island,
I am not a RI atty and these are just general comments.
I have an attorney though he has so far ignored my concerns.
I believe he is a little cozy with the opposing attorney.
Fire him and get a new attorney, immediately, if you have lost
confidence in his ability to represent your interests and especially
if you fear he may be biased in favor of your adversaries. The fact
that you call your sibs' attorney the "opposing attorney" tells me
there is already tension and disagreement here. You need someone who
is unequivocally 100% on your side to represent you and give you fair,
independent professional advice.
Good luck,
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
