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?
;>)
The Will was evidently never filed, due to the fact that the matriarch kept changing it. No one seems to know where the original is, but the youngest son has a copy of “a will.”
The Executor was named in the will as it existed at one time, and I doubt that the mom would change her mind on that, since he is the oldest of the three boys.
The only funds that have been released (that we are aware of) are the funeral/cremation funds of $6000, which have been blown through by the middle son and one of his daughters, since he is the one living in the house. The back payments on the mortgage and the funeral costs have not been paid.
I’m sure the idea is to garner as much of the $240000+ as is possible before the eldest and youngest sons have time to contest such action. The eldest signed a “statement” naming the niece as a “representative” but the youngest son is NOT going to sign it, saying it doesn’t sound right, and knowing there is no will filed that they know of.
The niece “Money Grabber” is not paying any bills, not knowing how it is going to affect the final outcome.
She has been trying to get things from her grandmother’s estate since the woman passed away in December. (Money, jewelry, etc.)