Thursday, August 11, 2011

Executors discarded or distributed contents of my deceased parents home.?

A will is a kind of contract, and under the contract, the executors carry out provisions in the will to live up to the contract. YOU have NO say in how this is done as a beneficiary of the will. What you are doing is second-guessing the provisions of the will. Which means you are "contesting" the will. In most states, probate courts oversee the process, so in a sense you already ARE in court, just not you personally. You will need a lawyer and then you will have to file a petition with the court to contest the will. It will not be easy and it will be expensive. I know I have it written in my will that anyone contesting any part of my will, will receive $20 instead of any other provision I may have made. If the will in your case has such an exclusion clause, you will forfeit anything you may have received or would have received and get a $20 bill AND have to pay all of your lawyer fees. Your first thing to do is get a copy of the will so you can read it word by word along with your lawyer. THEN, you evaluate whether you have a case against the executors. When my parents estate settled, they chose 3 of my 6 siblings as the executors. I wanted nothing to do with any of the money-grubbing and back-stabbing I KNEW was going to happen, so I simply stayed home and let the other 6 duke it out among themselves. Long before, I asked my mother after my father's death, for two things only, their wedding picture (which my gave me immediately) and a big round oak table that was the family dining table, which DID come to me in the end as part of the settlement of the estate. Before she died, my mom made it clear to the rest of my brothers and sisters that the table and chairs were going to me. My mom also distributed many of my father's things that he did not specify in his will, which meant I got all of the camera equipment and my older brother got all of the other electronics. Anyway, the point is, until you have a copy of the will and have a lawyer interpret it for you, you can not know if the executors are doing their job or not. By the way, unless the will specifically says so, you do NOT get to "pick and choose" so there is no reason for them to offer for you to take any items you may have wanted. "Divided equally" is too vague to be enforced through a court. As for "named" items, how were people named? Was there a list with the will? Or did they simply have tape with names written on it on each item? Or maybe, like my dad, take pictures and write names on each? The executors are not accountable to you or anyone else, only to the probate court to do their best to preserve the estate. They essentially pay the bills first, which may necessitate liquidating assets which you think you should get under the will... and then divide the remainder according to the provisions in the will, if there are any, and then use their judgement on the final remains that is not specified.

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