need to know what forms to file

[tristan]

What is the name of your state? colo

My cousin was my grandmother POA and executor, It has been 3 yrs since her death. I have found over 30,000.00 of assets that where not listed in the inventory and as yet to settle with anyone. I spoke with the so said attorney that is handling the probate for my cousin, he told me that he would have it done months ago but nothing so far. What i need to know is this. What forms do I file at the court to get a full accounting of my grandmothers assets to include any life insurance she my have had. what I need to do to hold him liable for misuse of exec. powers and recover the money that he has spent, How to get the powers back to investigate what he has done.

Sorry I'm not computer literate so if you need an email address it is jctlcarey@aol.com thank you for any help

 

[Dandy Don]

Hire your own attorney to handle this. However, you can not hope to benefit financially unless you were a beneficiary named in the will and if the will was probated. If you do not stand to financially benefit, perhaps you should give the information you have to the beneficiaries to let them follow up on this and handle it.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[seniorjudge]

What is the name of your state? colo

My cousin was my grandmother POA and executor, It has been 3 yrs since her death. I have found over 30,000.00 of assets that where not listed in the inventory and as yet to settle with anyone. I spoke with the so said attorney that is handling the probate for my cousin, he told me that he would have it done months ago but nothing so far. What i need to know is this. What forms do I file at the court to get a full accounting of my grandmothers assets to include any life insurance she my have had. what I need to do to hold him liable for misuse of exec. powers and recover the money that he has spent, How to get the powers back to investigate what he has done.

Sorry I'm not computer literate so if you need an email address it is jctlcarey@aol.com thank you for any help

Are you an heir?

 

[tristan]

reply to senior judge

colorado, yes I am in the will. the will states that I should receive1/5 of the estate and my uncle also

 

[seniorjudge]

http://www.cobar.org/group/display.cfm?GenID=422


Have you looked through the probate file?

 

[tristan]

reply to seniorjudge

yes i have and the only thing that is there is the will. My sister got a call form him the other day and he told her that if we contest about anything that he will give us nothing

 

[seniorjudge]

...My cousin was my grandmother POA and executor, It has been 3 yrs since her death....

You need a lawyer three years ago....

 

[tristan]

thanks for the input

yes I know I just cant get anyone to take the case on a case without big bucks and I think he already has spent most of the cash anyway just thought I might find out the forms to keep him busy in court. If nothing else to drive him crazy. I have the time and funds for court filing fee's and can represent myself just don't have the where with all to figure out the law books. But thanks for all your advice. I see your a real helper with the people here at freeadvice. keep up the good works. I m not sure how I even found the reply to my query, but Im happy I tripped on to it. I thinks I need some computer classes so i can figure all this search stuff out!

 

[seniorjudge]

yes I know I just cant get anyone to take the case on a case without big bucks and I think he already has spent most of the cash anyway just thought I might find out the forms to keep him busy in court. If nothing else to drive him crazy. I have the time and funds for court filing fee's and can represent myself just don't have the where with all to figure out the law books. But thanks for all your advice. I see your a real helper with the people here at freeadvice. keep up the good works. I m not sure how I even found the reply to my query, but Im happy I tripped on to it. I thinks I need some computer classes so i can figure all this search stuff out!

www.ncsconline.org/WC/Publications/KIS_ProSeCtFormsStLnks.pdf

 

[tristan]

reply to seniorjudge

I went to the courts and have all the doc.s. What a mess, but I believe this to be in my be in my favor. This is the basic break down, by date.
Grams died Jan, 4 2003
Will dated July 15 2002
A Letter sent to the court from the attorney dated 9/2/03
The Will
Appl. for Informal Probate of Will and Informal Appt. of PR
(Prepared) Informal Appt. of PR
An Acceptance of Appt., Signed by the PR nominee.
(Prepared) Testamentary Letters. (requesting 4 cert. copies, but will follow up later about these)
Time stamped copies of the Estate doc. related to the Estate of Nancy Jean, my Aunt, who passed away 6ths after my grams also a benef. to Grams estate.

All the above went into judgement 9/22/03
(Although it states that notice was given or waived. ( No notice was given. Atty has wrong addresses for anyone that would contest)


Letter from the courts to the atty
9/19/05

Upon review of the file, the court finds that the Information of Appoint, Publication Notice to Creditors and the final doc. to close this case need to be filed.

Response
Letters filed to the court 3/7/05
Information of Appiontment W/certificate of service to all parties involved(again no one who would contest rec'd copies of Appt.)

Affidavit of Publication Rec'd by the court 6/10/05

Called Atty 10/06/05 I spoke with him and he said it would be cleared up in the net week or so.

posted my question and did as you said and got the copies of the file (by the way If anyone chooses to do, this bring your dig camera the copies are .25 a pg and that is with you doing the copy as small file adds up)

New in the file dated 10/22/05
Petition for Final Settlement and Distrubution(Onthe bottom of this form it asks for a time and date of a hearing and that a notice will be given to interested parties)
Final Accting
Schedule of Distrubution
Cert. that he mailed them (Which he did, this time)on 10/20/05 (he did not all of them are postmarked diff. days)

In our mailing we rec'd
Waiver of Hearing and Approval of Final Acct and Schedule of Distribution
In this notice it states "As an interested person I have the responsibility to protect my own rights and interests within the time and manner provided by the Colorado Probate Code" ,also "I understand that the court wil not review or Adjudicate these or other matters unless and interested person. If they do, they have to file. yada yada

Now enclosed was a sweet letter from the Atty and photo copies of our checks. that won't be released by the way

Here's are some of the juice
Number 1: I find out he is an Atty for the PR, not the Estate.
He states "I have adviced Tom to write out your checks, these will not be issued until the waiver is signed and everything is released from the courts." if anyone disagrees with this it will hold up any and all devise.

So I think that if we sign this waiver, we will never see a dime of the total share of 30,000.
Can I ask the court to formally disperse the remaining assets through a special administrater. Grams died 3yrs ago, shy 1 week from now.
Do I still have time?
Do you think with the copies of the checks and the promise of the inheritance we are to receive, that we can get counsel to help with this.