questions about estate of my mother

[saundra007]

What is the name of your state?Jones Estate

My son is the Exector of my Mothers Estate. She had no will. My brother is living in the hosue of my mother's beforeshe died. He is taking things out of the house without letting anyone know and saying (I dont know what happen to them).... I would like to know as a Daughter of my Mother what rights do I have?

 

[seniorjudge]

What is the name of your state?Jones Estate

My son is the Exector of my Mothers Estate. She had no will. My brother is living in the hosue of my mother's beforeshe died. He is taking things out of the house without letting anyone know and saying (I dont know what happen to them).... I would like to know as a Daughter of my Mother what rights do I have?

What state are you in?

 

[saundra007]

jones estate

I am in the state of Kentucky

 

[lwpat]

Go with your son to the house and videotape everything. If you know of specific items that are missing, have you son demand in writing that the items be returned. Best thing may be to sell everything and split the proceeds, game over. If brother stays in house, he should pay rent and sign a rental agreement.

 

[seniorjudge]

What is the name of your state?Jones Estate

My son is the Exector of my Mothers Estate. She had no will. My brother is living in the hosue of my mother's beforeshe died. He is taking things out of the house without letting anyone know and saying (I dont know what happen to them).... I would like to know as a Daughter of my Mother what rights do I have?

Notify the court where the will is being probated that assets are turning up gone.

 

[Dandy Don]

When there is no will, the correct term is administrator, not executor. If he has not filed anything at the courthouse, then you should get an attorney to get probate started and then your attorney or you can be administrator and thus be in charge of making decisions about how to distribute property. And you need to find out how to force the sale of the home if that is what you want to split the cash with your brother.

 

[panzertanker]

I am in the state of Kentucky

I cannot resist:

Another Dufus State post!


~In memory of IAAL

 

[saundra007]

When there is no will, the correct term is administrator, not executor. If he has not filed anything at the courthouse, then you should get an attorney to get probate started and then your attorney or you can be administrator and thus be in charge of making decisions about how to distribute property. And you need to find out how to force the sale of the home if that is what you want to split the cash with your brother

I AM NOT AN ATTORNEY, SO THEREFORE THAT IS WHY I AM ASKING FOR ADVICE. THE PAPERS THAT MY MOM HAS READS (EXECUTOR ) OF HER ESTATE TO MY SON??? WHAT KIND OF DIFFERENCE IS BETWEEN ADMINISTRATOR AND EXECUTOR?? THANKS YOU..

 

[saundra007]

I cannot resist:

Another Dufus State post!


~In memory of IAAL

AND JUST WHAT DO YOU MEAN BY ALL THAT PANZERTANKER?? IF YOU ARE MAKING JUDGEMENT UPON THE STATE KY, BE ASHAMED BECAUSE ALL STATES HAVE THEIR OWN BEAUTY ONE WAY OR ANOTHER JUST AS YOURS DOES.

 

[lwpat]

First you said there is no will and now you are saying there is a will? Only a will can name someone as executor. What part of DD's post did you not understand?

 

[rmet4nzkx]

Your mother died on Christmas day and you are all fighting already? I thought I advised you the other day to have your daughter file probate, you don't need to be in the middle of this fight with your health.

 

[BlondiePB]

AND JUST WHAT DO YOU MEAN BY ALL THAT PANZERTANKER?? IF YOU ARE MAKING JUDGEMENT UPON THE STATE KY, BE ASHAMED BECAUSE ALL STATES HAVE THEIR OWN BEAUTY ONE WAY OR ANOTHER JUST AS YOURS DOES.

It's an "inside" joke. Just let it go.

 

[saundra007]

OK maybe i dont understand or said something wrong, here is all i know.
my mother and dad before daddy died they went to an attorney and had these papers drawn up, if daddy dies (which he did before mom )he is over everything about the estate or everything goes to her.

Now mom's papers read the same that daddy that he is over everything about the estate if mom died first,well mom died on the 30th of Dec. and the her papers also says if she dies my son would be the overseer of the estate.

Am i not getting something here? sorry i just dont know much about legal estate issues and i hate fighting and it isnt me it is myone brother, i am only sitting back and trying to figure out what is right and what is correct in all this mess he wants to start. In these papers that is all it says, it doesnt say who gets what and when and all that. I tried for a long time after daddy died for Mother to get a will made so this wouldnt happen. but everyone knows by verbal breath what she wanted and there is plenty for everyone but the one brother wants the house and everyone knows mom and dad wanted it to go to my daughter and her daughters, then my two brothers and i can devide the land three ways.

The one brother who is wanting to cause trouble is living in the house he had moved in with mom after daddy died about 6 months ago, so therefore that is why he is acting like the house goes to him. Trying to find my legal rights to all this so when i do present myself at least i will be correct and know what the hell i am talking about .. I intend to so speak with an attorney but with my surgery and then mother dying i just havent had the time yet, but it will happen. I hope this clears up some of my misunderstandings or if i wrote it wrong. Thanks

 

[Dandy Don]

Administrator does the same duties as an executor, just the title is different. Your problem is too complex to be answered on a message board. Your attorney can advise you best when you see him.

 

[rmet4nzkx]

You said your mother died without a willm now it sounds like there was a living trust with your brother administrator or trustee, if that is the case go online in the county where your mother dies and see if your son has opened up the probate yet, he will then be assigned a date when he must file the inventory.