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Bronze Conversationalist
Posts: 18
Registered: ‎02-16-2009

Re: Executors

Message 1 of 8 (869 Views)

It sounds as though you were afraid to protect her before she died so her wishes won't be granted.  It seems up to her sons and grandson to pursue this matter since they are the ones who are directly affected.  It depends on the amount of money at stake and whether they feel up to pursuing it.  Personally, I hope there are special places in Hell for people who abuse the elderly, children and or animals.

Treasured Social Butterfly
Posts: 19,488
Registered: ‎12-25-2011

Re: Executors

Message 2 of 8 (1,068 Views)

@vjklander - Actually you could talk to a lawyer about anything that seems unethical to you, and at least find out if what the boys' mother did was a violation of the intent of the will .. and given that information to the boys to follow up if they chose.


Registered on Online Community since 2007!
Silver Conversationalist
Posts: 32
Registered: ‎06-14-2008

Re: Executors

Message 3 of 8 (1,074 Views)

Well, we couldn't very well go talking to a lawyer behind her back could we?  In my last post I said we tried to get her to talk about it.  But, this was an olde school German woman, born and raised in Bavaria during the 3rd Reich.  A careless word got her brother drafted and sent to the Russian front.  At least they got his body back, unlike most.  She was quite firm about not letting ANYONE into 'her business'.  Other than that, she was an incrediblysweet woman.

Treasured Social Butterfly
Posts: 19,488
Registered: ‎12-25-2011

Re: Executors

Message 4 of 8 (1,077 Views)

@vjklander - Lawyers aren't cheap, but good one are worth what you pay for the service. I don't know why people realize they're in a difficult situation - like your family's - but no one spoke to an attorney when the aunt was still alive, to make sure the grandsons' interests would be protected.


Registered on Online Community since 2007!
Silver Conversationalist
Posts: 32
Registered: ‎06-14-2008

Re: Executors

[ Edited ]
Message 5 of 8 (1,083 Views)

Thanks for your help.  It is a complete mess.  The mother 'S' is a lifelong drug user and thief with a rap sheet a mile long. The aunt 'H' lived in an apartment with her grandson 'C', who has taken care of her the last few years through illnesses, macular degeneration and blindness recently. There were restraining orders against S who was not allowed to go to the apartment and has been arrested several times for doing so.  But she went again when nobody was home and broke into the apartment and stole the will, all the valuables, and stocks and bonds. Some of the stuff was in 'C's name, but a lot of it there is no other record. I have no idea what the securities are worth, but they are at least 30 years old and could be very valuable.  Did I mention S found Jesus with a new 'man'  'D' who beats her regularly and keeps her phone with him.  H hated him with a passion.  D is trying to get S to not give C anything.  C doesn't have any money for a lawyer, because dear S went to his job and created a stink, so he got fired. We are too far away to do much for him and my wife is taking care of her mom who is very ill.  I was just hoping there was someway that C's interests would be protected.  

We tried to get H to let us look at her papers over the years just to prevent this sort of thing ..... but you know how that goes ..........

Valued Social Butterfly
Posts: 8,625
Registered: ‎08-18-2008

Re: Executors

[ Edited ]
Message 6 of 8 (1,126 Views)

ASTRAEA referenced "the Surrogate in your wife's aunt's jurisdiction." - for many jurisdictions, it is known as the Probate Court or judge.

 

You described the situation as -

My wife's parents were listed as executors, but her dad has passed and her mom is incapacitated. The aunt has a daughter and 2 grandchildren who were supposed to share equally in the estate. However the daughter and her sons are estranged and she has stolen much of the assets. My question is, who becomes executor and what can they do for the boys in a case like this?

 

So if there is no other alternate executors named, then most likely the Prpbate Court will have to appoint one to look after the execution of the last wishes of your wife's aunt.

 

The Will will have to be executed as it is stated - the daughter and (2) grandchildren.

If there is reason why the daughter should not receive her desiginated part, some one will have to contest the Will and bring the facts forward so a ruling can be made.

 

If the boys are minors, they have to have a guardian - that could still be the mother or someone who has been appointed to take care of them until they reach adulthood.  If the guardian is the mother then again the will must be contested as stated above and perhaps a guardian can be established for the boys to manage their inheritance until they become of age.

 

If the boys are not minors, they will get their share as the Will has provided.

 

ASTRAEA is right about keeping all legal papers current - people die, people divorce, people sometimes fall out of good graces - and if these papers are not updated then the chips just fall where they may and the last one finished determines the course.

 

Sounds like your 1st place to start is the Probate Court in the jurisdiction where the aunt lived.  That's also where the Will has to filed to begin the probate process once an executor is appointed.

Treasured Social Butterfly
Posts: 19,488
Registered: ‎12-25-2011

Re: Executors

Message 7 of 8 (1,141 Views)

It's so important for people to check their wills periodically, to make sure they make updates for anyone who's passed on .. whether it's an executor or beneficiary!

 

The best person to ask your question is the Surrogate in your wife's aunt's jurisdiction. They handle wills, probate & estate settlement. If these grandchildren are minors, it would also be the Surrogate's office who would provide legal protection of their interests. If the grandsons are adults, they'd probably have to sue their own mother, to protect/reclaim estate assets.


Registered on Online Community since 2007!
Silver Conversationalist
Posts: 32
Registered: ‎06-14-2008

Executors

Message 8 of 8 (1,147 Views)

my wife's aunt died 1/15/17. My wife's parents were listed as executors, but her dad has passed and her mom is incapacitated. The aunt has a daughter and 2 grandchildren who were supposed to share equally in the estate. However the daughter and her sons are estranged and she has stolen much of the assets. My question is, who becomes executor and what can they do for the boys in a case like this?