attorney for an executrix of an parent estate when siblings are questioning me

Can a beneficiary ask an estate lawyer questions if there is executor?

May 02, 2019 · When a parent names only one child to be the agent under a power of attorney, it can cause bad feelings and distrust. If you are dealing with a sibling who has been named agent under a power of attorney or if you have been named agent under a power of attorney over your siblings, the following are some things to keep in mind: Right to information. Your parent …

Can a family member be appointed executor of an estate?

Jul 27, 2019 · LEGAL-EASE. By Lee R. Schroeder. Guest Columnist. Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He …

Can a sibling serve as a personal representative in probate?

The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle. Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear. Call Arizona Estate Attorney Dave Weed at (480)467-4325 to discuss your case today.

Can a power of attorney prevent a sibling from seeing a parent?

Aug 06, 2016 · Does the Executor have to show the siblings the Estate checking account and - Read the Estate Planning legal blogs that have been posted by William R. Pelger on Lawyers.com

How do you resolve family conflict over inheritance?

Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime. After a parent dies, siblings can use a mediator, split the proceeds after liquidating assets, and defer to an independent fiduciary.

Can a will be contested by a sibling?

Until probate has been granted, only the executor – in this case, your brother – has the legal right of access to the will. And if there has been a family split, it is, of course, entirely possible if not necessarily advisable that the executor can decide they do not wish to grant access to the document.Apr 23, 2019

Can siblings force the sale of inherited property?

No. All of the inheritors of the house will need to agree before a sale goes ahead. One of the biggest questions around inheriting property with a sibling is if a sale can be forced.Aug 23, 2019

Should siblings receive the same inheritance?

The Bottom Line That said, an equal inheritance makes the most sense when any gifts or financial support you've given your children throughout your life have been minimal or substantially equal, and when there isn't a situation in which one child has provided most of the custodial care for an older parent.

How do you deal with greedy siblings?

9 Tips for Dealing with Greedy Family Members After a DeathBe Honest. ... Look for Creative Compromises. ... Take Breaks from Each Other. ... Understand That You Can't Change Anyone. ... Remain Calm in Every Situation. ... Use “I” Statements and Avoid Blame. ... Be Gentle and Empathetic. ... Lay Ground Rules for Working Things Out.More items...•Jan 11, 2021

When multiple siblings inherit a house?

Unless the will explicitly states otherwise, inheriting a house with siblings means that ownership of the property is distributed equally. The siblings can negotiate whether the house will be sold and the profits divided, whether one will buy out the others' shares, or whether ownership will continue to be shared.Apr 27, 2021

What happens when one sibling is living in an inherited property and refuses to sell?

Partition Actions: When an agreement about how to divide inherited property between siblings cannot be reached, the siblings may have to involve the court in order to force the sale of the property and terminate their co-ownership; a partition lawsuit is sometimes the only viable option for resolving conflicts when ...Feb 19, 2021

How do you deal with fighting siblings who can't agree to sell the home?

If two siblings can't agree on how to handle the property, one of them can file a partition suit in court. The court will decide what to do with the property. In most cases, the house will be sold with the proceeds being split between the siblings.

How do you buy out a sibling's share of real estate?

You can pay your sibling cash for their share of the real estate property and they will sign the deed over to you. You could also get a mortgage but only for half the value if you are willing to take on the debt. You would need to pay closing costs, and you may need an appraisal to determine the value of the home.

What is considered a large inheritance?

There are varying sizes of inheritances, but a general rule of thumb is $100,000 or more is considered a large inheritance. Receiving such a substantial sum of money can potentially feel intimidating, particularly if you've never previously had to manage that kind of money.Oct 26, 2021

How do you prove that you are next of kin?

Proving who is next of kin requires proof of identity such as a birth certificate or government-issued photo identification. An affidavit of someone who can swear to your blood relationship with the decedent may also be required.Oct 6, 2020

How do you split property between siblings?

The thing you can do is get a release deed from your sisters and mother in your share ie total their share in the same in cents out.so they can release you 1/3 of their share. even if your brother approaches court he can claim only 1/5 th share. If you need format of release deed will send you.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is word of mouth reliable?

With physical newspapers becoming rarer and rarer, you cannot rely on the obituaries to get the word out, and word of mouth may not be as reliable as you would think. It is important to notify everyone you know when a loved one dies. Not only will they want to attend the memorial service, but they may have an interest in the estate as well.

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Why is it important to have an executor?

Since the executor is acting as a fiduciary , it is important that there is no appearance of wrongdoing. This means it is necessary to ensure that all estate assets are protected from loss, theft, damage, or waste. The executor must also ensure that all assets are sold for fair market value.

What is the obligation of the executor of an estate?

Rather, the debts and taxes now become an obligation of the estate of the decedent. This means that the value of a given estate can’t be truly computed until all valid debts, taxes, and costs of administration are paid. The executor is tasked with making sure that all debts, taxes, and costs of administration are paid before assets are distributed.

How long does it take to contest a will?

It is imperative that you consult with your attorney to determine how long you have to file a will contest. The administration process may take months or even years. The administration process for an estate usually takes several months to complete. There are even instances where the administration takes several years.

Is real estate a non-probate asset?

The executor of an estate, after being appointed by the court, only has control over assets called “probate assets.”. There usually exists “non-probate assets” over which the executor has no control. Typically , real estate is the largest “non-probate asset” that we find in an estate.

What is the role of executor in a trust?

The executor is tasked with making sure that all debts, taxes, and costs of administration are paid before assets are distributed. The executor is a fiduciary. It is important to remember that the executor is acting in a position of trust on behalf of the estate and all interested parties.

What are the statutes of limitation?

Many statutes of limitation exist. There are many statutes of limitation which prevent matters from being brought before the court during an administration process. These include claims for debts that the decedent may have owed at the time of death.

James P. Frederick

I agree with you that this is not very professional conduct. One potential reason for this is that the attorney represents the executor and NOT the beneficiaries. So the attorney needs to be careful not to reveal any confidential information.

Joseph Franklin Pippen Jr

I agree with the previous answers. Estates often have multiple beneficiaries and the attorney has ethical problems if he tries to represent all of them.#N#You should send your questions in writing instead of making phone calls-the attorney should reply with an answer or advising you he cannot answer because of conflict.

Paula Brown Sinclair

First of all, the estate attorney does not represent the beneficiary, and has no ethical obligation to respond directly to him. Estate attorneys or their staff sometimes do so as a matter to courtesy for simple or brief questions, or when instructed to do so by the executor, who is the real client.

Your Rights When Probate Is Necessary

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Exemptions from Probate

The Fiduciary's Responsibilities

Estate Or Trust Contests