Posted on 06/09/2015 5:58:35 PM PDT by nickcarraway
Please do. The youngest son feels the daughter of the middle son is trying to finagle his (youngest) share out from under him, and he is not signing. Period.
The house has to be sold because the mortgage is seven months in arrears and while there is no foreclosure notice, they stand in clear danger of losing the inheritance of the house sale.
The middle son has never done an honest days’ work in his life and is on disability. He took the money for the funeral expenses and spent it ($6,000) and it could have been applied to the house or the funeral, or split between the two.
The oldest son is the executor, but he has already signed away his share, after telling his baby brother not to sign. I wonder if that was even legal. And he’s in Kentucky...
When I was working in a law office, early 1990s, my boss had a case involving 13 siblings. One had cared for their father until the father’s death, and was “supposed” to get the father’s house ... but there was no will. We prepared transfer-of-interest documents for the remaining 12 siblings, and there was actually a reasonable chance that all of them would sign off, although I wasn’t there to see if the whole batch really came back.
The youngest son needs to deal with the legal agents, not relatives. He should agree (in writing if required) to contract a Realtor to sell the house. A major real estate brokerage should have an agent with local knowledge who is a stranger to any of the siblings, if influence is a concern. The real estate firm will have a lawyer on retainer for the legalities of the sale, or can recommend one who would represent the youngest son, probably for a small fee.
If he pays out a couple of hundred to have his interest represented, that’s peanuts compared to his share of the proceeds.
If it's contested, probably not, unless the oldest son is claiming incompetence. My father was executor for his cousin who died, without a will, in Oklahoma, but he wasn't able to handle it because of Alzheimer's. My mother and his other cousin had to work with an attorney and a banker to get it settled.
Legal schmegal.
-Hillary Clinton.
Well, the dearly departed voted for Obama, so yah.
Dearly departed, clearly departed, nearly departed, nearly deported...
“We have an attorney on the NC Forum. With permission, I’ll copy your question and see what he says.”
Best advice you are going to get, Face. You need a RE atty who also is familiar with Mass RE laws.The cost will be small, when divided up.
Back from The Salvation Army. I got Sally a blue satin dress which she says is just what some Anime character would wear if she went to the prom. *shrug*
Also, I could wear it, if the Cub Scouts’ Blue and Gold Banquet has an “anime senior prom” theme. Sally is several inches taller than I am, but we’re otherwise pretty much the same size.
(Yes, that was a little brag on my 49th birthday, being the same size as the 15-year-old siren ...)
Our legal FRiend has been around the last couple of days, discussing the Trump/McCain situation (and the weather), so I wouldn’t be surprised to have a reply in the next 24 hours.
Way to go, TC.
Nothing to it!
But so is Bruce Jenner.
OK, he’s had surgery.
So far, all the input has confirmed what I was thinking, but I don’t know if my friend will heed the advice. He has a lot to gain by doing so.
Back from Pep Boys, where the new battery was installed. It took over an hour. I don’t understand that, because it isn’t hard to get to, and they had the battery in stock.
At least I didn’t have to pay a core charge ($19), and I also got a $10 discount for ordering it online, but it still came to $126. I feel a lot better now. And maybe I can get to DMV tomorrow.
I was at my high school weight (147) when I was 49, and I stayed at that weight until I got sick. *sigh*
And that’s not too bad, considering I’m 5’9”. :o])
I won’t be that slim again, but I can still lose that rascally 20# that’s been plagueing me.
Is he the executor/legally named Administrator of the Estate and recognized as such by the Probate Court where the father died or did he just pronounce himself as such?
Having gone through the whole intestate problem I know that the first thing that has to be done is that an attorney must file affidavits with death certificate, proof of realtionship, list all direct heirs who might have interest, get their notarized and witnessed statements agree on the executor or administrator, list all debts and assests with estimated values. In the case of real estate I had to hire an RE assessor to provided a notarized statement.
This is just part of the process to get executor/administrator status.
The whole process is involved and time sensitive as to the stages of filing and gaining court approval to proceed with division of funds once debtors have been satisfied.
Sounds like there is already fast mover involved with trying to grab the house. How’s she doing paying off the debts?
;>)
Only if it's right to call Bruce Caitlyn...
Bruce can be a eunuch, but he’ll never be female.
If your friend is foolish enough to name a relative he suspects is dishonest as his legal representative ... what can anyone do but shake their heads?
That DNA thing can be pesky in such situations...
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