Sep 07, 2012 · This tragic story involved a dispute between two elderly brothers in Brooklyn. Thomas Athanasatos, 73 and his brother James, age 63, were involved in a dispute involving their late mother’s home. The brothers had been feuding since at least 1974 when Thomas’ marriage fell apart and he moved into the family home.
Answer (1 of 24): Your brother is not anyone's power of attorney, because PoA is not something you are, it’s something you have. The person who has power of attorney is called attorney-in-fact. Power of attorney is authority to act in someone else's name if …
Aug 04, 2016 · The bulk of the estate has been settled to everyone’s relief. My brother, the estate executor, hired a lawyer to navigate the process. The estate is …
Sep 16, 2014 · A brother and sister were involved in a probate lawsuit involving undue influence. This probate & inheritance lawsuit over dad’s estate came to a head after theprobate trial.. No jury. On September 9, 2014, the appeals court ruled on the probate judge’s trial. If you are a brother or sister suing your sibling over undue influence or are involved in an estate lawsuit, …
No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
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.
If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced.May 18, 2020
Attorneys can even make payments to themselves. However, as with all other payments they must be in the best interests of the donor. ... Gifts can be on occasions such as births, marriages, birthdays, or anniversaries etc., and only to those people who are closely connected with the donor.
The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019
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
The 8 Keys to Resolving Family Conflict:Be hard on the problem, not the people.Understand that acknowledging and listening are not the same as obeying.Use “I” statements.Give the benefit of the doubt.Have awkward conversations in real time.Keep the conversation going.More items...
You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.
The executor will need to wait until the 2 month time limit is up, before distributing the estate. Six month limit to bring a claim – in other cases, it can be sensible for the executors not to pay any beneficiaries until at least 6 months after receiving the grant of probate.Mar 29, 2021
You could become liable (responsible) for the debts if you pay the beneficiaries without having cleared all the debts first. You may also have to submit a tax return for the deceased person. If there is not enough money to pay for all the debts, they must be paid in a particular order.
Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.
Before you make the decision to ask the court to decide an estate dispute (and tell your family that you’re going to sue them), explore the options for other potential resolutions. This approach requires talking with an experienced estate litigation attorney.
Litigation can tear a family apart, inflicting damage that lasts forever. When family members disagree — and that disagreement escalates into litigation — it emotionally affects the parties involved in the case. Those emotions usually escalate over time as the legal process takes its natural course.
Your lawyer will counsel you on the possibilities and address your expectations in the beginning. You need to be realistic about the potential resolution of your case. On a positive note, a court action does resolve a dispute in the end, one way or another.
Legal counsel representing both sides of the case charge fees. But there is more than just attorney’s fees to consider. A court action involves court costs, as well as expenses relating to gathering evidence, such as taking witness depositions and using expert witnesses (which is necessary in some cases).
When a loved one dies, individual family members may be surprised and disappointed at how the deceased individual decided to distribute his or her estate. However, disappointment — or even shock — is not enough to establish a basis for a court action.
There are a number of legitimate reasons for challenging an estate, including: Problems with the validity of a will or trust based on legal requirements for execution; Issues of undue influence over the deceased person; Questions relating to the deceased individual’s legal capacity; or. Concerns about fraud or forgery.
Other family members take sides, either outright or subtly by curtailing communication with one of the parties. In many cases, the disagreement envelopes the entire family. If you consider pursuing litigation against family members, you need to prepare yourself for the fallout in your family.
For an estate worth $600,000 the fee works out at approximately $15,000. They usually take a year to settle, but can drag on for up to three years; this has taken two years. It would have been helpful to everyone if your brother had been more up-front about the $20,000, how and why he came to that figure.
Under California Probate Code, the executor typically receives 4% on the first $100,000, 3% on the next $100,000 and 2% on the next $800,000, says William Sweeney, a California-based probate attorney. For an estate worth $600,000 the fee works out at approximately $15,000. They usually take a year to settle, but can drag on for up to three years;
It was paid in full, but a mortgage was opened a few months before she died to pay for home health care expenses, farm property, a time share and personal belongings There are four children and one was designated the estate executor. The bulk of the estate has been settled to everyone’s relief.
Bob’s mother has attempted to sell the timeshare and even tried to donate it to her church. However, no one wanted it. You don’t want to be in the same boat (or condo, in this case). Your brother has managed your mother’s estate for two years and — given the time and stress involved in managing a person’s estate — particularly when family is ...
The Grape Broker Who Found Salvation. A very successful wine and grape broker, Tony, who had been a dedicated husband and father of two pre-adolescent children, built a grape brokerage business that produced an annual net income in excess of $500,000 a year.
In our discussions, it emerged that Ann felt her father nurtured Jack to run the family business, despite her being the oldest and earning degrees in business, because he was the oldest male. Jack felt that he was obviously the most qualified to run the business and that Ann was more academic than practical.
An immigrant laborer in the 1940s, Casey, worked at construction sites as a hod carrier (mason's assistant). Mixing cement and mortar on-site by hand was slow and labor-intensive. Casey improvised various mixing devices driven by small motors that saved time and labor and resulted in a better quality mortar mix.
Mediation is a proven way to avoid the long-term adverse consequences of litigating family property, inheritance, and trust disputes.
Sid unilaterally mortgaged his share and created liens on the property that threatened Sam's desire for stability and financial security. Sam viewed this as a betrayal of trust.
Ann felt that Jack pushed Bob to sell so Jack would have majority control and did not pay Bob full value. Jack also felt he was being magnanimous in the time-consuming process of managing the property skillfully, securing necessary services and accounting to Ann, all without compensation.
The approach was similar to the classic parents' tool of allowing one child to cut the apple and the other to choose one of the two pieces.
I start with a cautionary word for others who might be reading: you are running into trouble now because the payment of the probate fee has not been handled properly.#N#Normally*, the executor determines his own fee, submits the fee for approval by the probate court, and then pays his own fee from the estate's funds before distributing...
While I agree in principle with Mr. Fromm and Mr. Rosenberg, I think your missing a few key facts in order for all of us to comment.#N#Just an FYI - Executor is someone appointed by a court in a Probate Proceeding, not just someone named in a will. The fees for an executor are statutory, and in some...
Mr Rosenberg offers sound advice. It looks like this estate was mismanaged and had no attorney to assist. This is the likely result; family discord. This fee should have been paid before any beneficiaries received their bequests and they really do not have the choice.#N#He did serve as executor and you agreed to the fee. He was honest and above...
After going through your facts, this is a perfect case of criminal breach of trust and cheating.
Sir, gone through your facts, this is a perfect case of criminal breach of trust and cheating.
A parent’s passing is the ultimate test of any tension brothers and sisters think they’ve overcome. With the reflection triggered by grief comes memories of bygone odds that were never evened. As a result, the settlement of an estate can unfortunately become a battleground for the settlement of old scores.
Estate administration is equal parts legal and personal, with often-jilted beneficiaries mounting challenges intended to use material assets to alleviate emotional wounds. (And material ones.)
Nayebdadash says undue influence is most often a product of offspring apathy and can be prevented by paying attention to the increasing susceptibility of an aging parent. Children with great parental relationships rarely fall victim to this, according to Nayebdadash. 6.
Love can blossom in even the most arid, terminally ill soil. But when it does, expect resentment of the new spouse by heirs, especially in blended families with children only, or primarily, on the settlor's side. Avoid it by….
When mental illness is involved, a settlor can either create a “special needs trust” or build provisions into the base trust. [ Jargon alert: The “settlor” is the person who created the trust.] This way, a beneficiary can qualify for government assistance while still receiving trust disbursements. 5. Undue Influence.