What is the name of your state? MA
A little backround info. Mother died May 05'. There are 8 siblings. Mother wanted the very rich sibling to be appointed executor of the will. Seeing as she thought that there would be no interest in the money aspect. But it seems now that there a issue with the power aspect and the money aspect. This executor is now on a power trip. It first started with the funeral. She did not want family members invited she did not like, wanted a private funeral, wanted to have her family carry the casket, etc, etc, etc.. As soon as everybody signed the first paper to consent to her being executor, she has been on a power trip. She is now using or dangling the money over our head so she can do whatever she wants. She seems to be prolonging this for as long as possible. We have been now walking a fine line, between the money and whats right. But this last act 5 of us have just had it.
I have a few questions.
1. Mothers attorney is best friends with the rich sibling (executor). Is this a conflict of interest? Can this be presented as a conflict of interest?
2. The original will we got in may 05' had listed 7 beneficiaries, the rich sibling was not listed as a beneficiary, only to be appointed executor. Now in the notice we got in august 05' listed 8 beneficiaries her included now included. Is this possible? I mean can she do this?
3. Executor pay. What is the maximum pay a executor can pay themself? What is the usual pay they take? We have been told that they can pay themself whatever they want (ie. all the money), and that even if they do this we would have to bring them to court, and we would have to get council and pay for all this out of our own pocket.
4. I am thinking of getting a attorney. Should the attorney be in the same county as probate court? and if yes , why?
5. How or what can show that a majority of family members (5 siblings), now do not want her to be executor? Does majority rule or does she have to do something wrong that we can prove?
6. We know that there is $500,000 in the bank. This is due to the sale of mothers house last year. We are very afraid that this sibling will just lose this money. Meaning that she is extremely rich and we have now learned she just does not care for us very much. Example.. Lose the money, by her investing it in something that went belly up. or by giving donations away to non profit orginizations. Would she or can she be held liable?
7. How long does this usually go on for? We have not got a itemized list from her? This started in may 05'. Is this right? The personal items of mother were being stored at her house. We believe she already went through everything such as pictures, etc.
8. (Most important question and last draw) My father was a war vet, as a war vet they give you a laydown headstone. My mother and father were very old school (Ill just say it, They were cheap). The plot that my father bought, you can only put a small lay down headstone. I took my mother to the cemetary every sunday. She would bring up how she always wanted to get a plot with stand up headstone. I have told my sister this. Now five siblings want to have this done and want to pay for this out of our own pocket. 2 sibling do not want to be involved in anything , and the last one is the executor. Now the question. I have just recieved in the mail a letter. In this letter it stated that mother never told her this, and she was not going to allow this as executor. And now her (executor) and her daughter (my niece) have designed her a lay down grave stone that they are putting there. With absolutely no respect to what we think. There is also a remark on the stone we do not agree with.
8a. Can she do this?
8b. What should we do?
8c. Does she have the right to do this or is this overstepping her authority as a executor?
8d. Does majority rule? Meaning that, there are 5 of us who want to move her to a much nicer plot with a grand headstone, two siblings dont care and the executor? How would we go about doing this?
The letter she sent seems to have been written by a lawyer, due to the terminology. This is just the last draw. She has absolutely no respect for any of us.
9. When does the estate close? Is it when the checks are mailed or is she always executor over the plot for example? Would she be executor over the plot for the rest of her life?
As you can see there are many problems, and any advice is appreciated.
A little backround info. Mother died May 05'. There are 8 siblings. Mother wanted the very rich sibling to be appointed executor of the will. Seeing as she thought that there would be no interest in the money aspect. But it seems now that there a issue with the power aspect and the money aspect. This executor is now on a power trip. It first started with the funeral. She did not want family members invited she did not like, wanted a private funeral, wanted to have her family carry the casket, etc, etc, etc.. As soon as everybody signed the first paper to consent to her being executor, she has been on a power trip. She is now using or dangling the money over our head so she can do whatever she wants. She seems to be prolonging this for as long as possible. We have been now walking a fine line, between the money and whats right. But this last act 5 of us have just had it.
I have a few questions.
1. Mothers attorney is best friends with the rich sibling (executor). Is this a conflict of interest? Can this be presented as a conflict of interest?
2. The original will we got in may 05' had listed 7 beneficiaries, the rich sibling was not listed as a beneficiary, only to be appointed executor. Now in the notice we got in august 05' listed 8 beneficiaries her included now included. Is this possible? I mean can she do this?
3. Executor pay. What is the maximum pay a executor can pay themself? What is the usual pay they take? We have been told that they can pay themself whatever they want (ie. all the money), and that even if they do this we would have to bring them to court, and we would have to get council and pay for all this out of our own pocket.
4. I am thinking of getting a attorney. Should the attorney be in the same county as probate court? and if yes , why?
5. How or what can show that a majority of family members (5 siblings), now do not want her to be executor? Does majority rule or does she have to do something wrong that we can prove?
6. We know that there is $500,000 in the bank. This is due to the sale of mothers house last year. We are very afraid that this sibling will just lose this money. Meaning that she is extremely rich and we have now learned she just does not care for us very much. Example.. Lose the money, by her investing it in something that went belly up. or by giving donations away to non profit orginizations. Would she or can she be held liable?
7. How long does this usually go on for? We have not got a itemized list from her? This started in may 05'. Is this right? The personal items of mother were being stored at her house. We believe she already went through everything such as pictures, etc.
8. (Most important question and last draw) My father was a war vet, as a war vet they give you a laydown headstone. My mother and father were very old school (Ill just say it, They were cheap). The plot that my father bought, you can only put a small lay down headstone. I took my mother to the cemetary every sunday. She would bring up how she always wanted to get a plot with stand up headstone. I have told my sister this. Now five siblings want to have this done and want to pay for this out of our own pocket. 2 sibling do not want to be involved in anything , and the last one is the executor. Now the question. I have just recieved in the mail a letter. In this letter it stated that mother never told her this, and she was not going to allow this as executor. And now her (executor) and her daughter (my niece) have designed her a lay down grave stone that they are putting there. With absolutely no respect to what we think. There is also a remark on the stone we do not agree with.
8a. Can she do this?
8b. What should we do?
8c. Does she have the right to do this or is this overstepping her authority as a executor?
8d. Does majority rule? Meaning that, there are 5 of us who want to move her to a much nicer plot with a grand headstone, two siblings dont care and the executor? How would we go about doing this?
The letter she sent seems to have been written by a lawyer, due to the terminology. This is just the last draw. She has absolutely no respect for any of us.
9. When does the estate close? Is it when the checks are mailed or is she always executor over the plot for example? Would she be executor over the plot for the rest of her life?
As you can see there are many problems, and any advice is appreciated.
