Need Help

[Hscott]

My mother and father divorced in the mid '80s. He remarried, had a child, and subsequently divorced his second wife. He passed away last year without a will. The second wife removed everything from his home. My half brother and I were appointed executors of his estate, however, he would not do anything without his mother's permission. In turn, she got us removed as executors, and she was appointed executor. I have no idea what she is doing, nor do I know what he had in terms of bank accounts or debts. She removed everything from the home. I want to know how I can find out what he had in terms of bank accounts, investments, and other financial matters. I know what he had as far personal property goes, but I have none of that either. Can anyone please help me? She is trying to keep me from getting anything, as my uncle informed me she would. How can she keep everything when she is not entitled to anything? Please help?

 

[lwpat]

You can get a complete copy of the file from the probate court. In order to do more you will need to file suit and there is a statute of limitations so you will need to do something quick or either forget about it.

 

[Hscott]

Thank you!

 

[Pepper]

Estate Lawyer takes avantage of my 90 & 92 year old parents

In December 2007 my dad was 92 and my mom 90 who live in New York State. They called a lawyer to look over there wills and they showed him a list of all their assets of Approx $700,000.

(1) He recommended they each have a "Supplemental Needs Trust" and divide their asset $350,000 each. He wrote a 3 or 4 page letter stating how this would protect assets from long term nursing home cost.

(2) However what he failed to disclose was and explain to them and we only found out after my dad died was by doing a "Supplement Need Trust" (A) all there asset would be subject to legal fees at time of death from 3% to 5% and probate fees. (B) For a Supplemental Needs Trust" to have any benefits to them they would have to be in a nursing home over 3 years and use up Approx $350,000 a either my mom or dad entire assets.

(3) My parents let him revised there wills with the Supplemental Neeed Trust in December 2007 not knowing anything about the 3 -5 % legal fees plus probate cost.at death. My father died in early March 2008.

(4) After my dad died the attorney met with My sister, mom and he had on a sheet of paper my dad assets of $350,000 he would charge a fee of 3% to 5% = approx $14,000 in legal fee plus probate fees. Finding this out after my dad died was very upsetting and we all feel used by him.

(5) My parents would have never done the Supplement Needs Trust had he disclose the fees and probate.

(6) My sister, mother and I all feel he had an obligation and a duty to explain the fees and cost of probate at death before he revised the wills with a the Supplemental Need trust as this was a very important fact. He is claiming no he did not need to tell us about probate and his fees at time of death by having a supplement needs trust.

(7) Now we feel trapped with probate and pressured to pay his fees if we want to settle my dads estate.