QUESTION
Will someone from the court contact me or should I just assume that matters pertaining to the estate has been completed?
Asked on Jul 16th, 2013 on Estate Planning - Utah
More details to this question:
My husband died in October 2011, I am part of his will. One of his 2 daughters is the trustee. I got the house as part of the will and I should be getting 1/3 of the rest of the estate. I got an email from the trustee that all the estate matter is complete and I get only $27,000. I know he had around $2,000,000 in estate and cash. My late husband’s lawyer can’t seem to answer my phone calls or email from the last 5 months and Internal revenue service’s was investigating the tax issue we had last year.
17 ANSWERS
You should have received a full accounting of the estate and trust to which you are a beneficiary.
Answered on Jul 24th, 2013 at 12:38 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If daughter is a trustee (your husband had a revocable living trust) then the court has not been involved. Trustee should be showing you a complete account of transactions in the trust, but you may have to sue her to get her to do that. If you believe you are entitled to one-third of $2,000,000, and you get a house (worth $650,000?) and $27,000, maybe that's right. Maybe it's not. You can either accept what you're being told, or get your own lawyer to help you.
Answered on Jul 18th, 2013 at 12:19 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain the assistance of a trust/probate litigation lawyer to investigate the circumstances and facts of the estate progress, and determine whether whether an accounting petition should be file, as to the assets, expenses, and income issuing from the trust or estate.
Answered on Jul 18th, 2013 at 5:27 AM
3 Awards
You need to hire an attorney to review the file and advise you.
Answered on Jul 18th, 2013 at 5:27 AM
2 Awards
You should hire your own lawyer to protect your interests. The court will not contact you but the estate attorney should provide an accounting and notice to you for the final petition. If they are saying you only get $27,000, it is worth having an attorney review the documents to see what is going on. Christine James CONFIDENTIALITY NOTICE. This communication contains information which (a) may be legally privileged, proprietary in nature, or otherwise protected by law from disclosure, and (b) is intended only for the use of the addressee/s named. If you are not the addressee, or the person responsible for delivering this to the addressee/s, you are hereby notified that reading,copying, or distributing this communication is prohibited.
Answered on Jul 18th, 2013 at 5:27 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The personal representative will have to send you a copy of the final accounting on the estate. You can challenge in court if there is a problem. You can switch attorneys too.
Answered on Jul 18th, 2013 at 5:24 AM
Thomas Edward Gates
You need to retain an attorney to assist you. The daughter is not a trustee, but rather the executor. You have a right to the estate's inventory. That will inform you of its value. You also have a right to the Declaration of Closure that needs to be filed with the court. You can sign a waiver to receiving the Declaration or you have 30 days from the notice to take action. Make sure you look at the attorney fees and whether the executor charged the estate for her time.
Answered on Jul 18th, 2013 at 5:21 AM
You should retain a lawyer to help you given the size of the estate.
Answered on Jul 18th, 2013 at 5:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, you need to get an attorney to look into the details of the distribution.
Answered on Jul 18th, 2013 at 5:20 AM
No, you should be given a copy of the estate accounting showing how much was in the estate and where it went. If not, hire an attorney and demand to see the accounting.
Answered on Jul 17th, 2013 at 10:23 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Good heavens, you have a LOT of issues, here! There is no way to deal with all of this without a lot more information. Under the circumstances, you should definitely have an attorney review all your facts.
Answered on Jul 17th, 2013 at 10:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Clearly you need your own counsel to look into this matter. As an heir you are entitled to an accounting.
Answered on Jul 17th, 2013 at 12:55 PM
Your late husband's lawyer is still bound by confidentiality rules and ethically can't speak to you. You refer to your husband's daughter as a "trustee" rather than an excutor or personal representative (one who settles an estate) so perhaps some or all of your husband's assets are held in a trust? If that's the case, the trust might not be part of your husband's assets available for distribution. It is also possible that your husband had a number of bills, taxes, and other expenses that were unpaid at the time of his death. Assets are first applied to pay off those those debts. So it may e that the estate was not as large as you originally thought. If you think something is suspect about the distribution, contact a lawyer to represent your interests and let him or her investigate.
Answered on Jul 17th, 2013 at 11:55 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You should retain an attorney (not your husband's) to look into this matter for you, and see if you are receiving what you are entitled to.
Answered on Jul 17th, 2013 at 11:54 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If you believe you are due more you can contact the Register of Wills to see an accounting which you should have received anyway.
Answered on Jul 17th, 2013 at 11:28 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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You should not wait to hear from the court. You are entitled to an inventory of the trust and the estate (two different things), as well as accounting of income and expenses. If you haven't received this, you should demand it immediately from the trustee. If you are not able to get cooperation, you should consider hiring a lawyer experienced in this type of estate administrations.
Answered on Jul 17th, 2013 at 10:52 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Unless a probate was opened, there is no court proceeding. The Court certainly will not contact you absent the opening of a probate. If you believe the trustee has committed an error, then you should contact a lawyer for assistance in straightening this out. If your late husband's lawyer is unable to assist you or your are not satisfied with that lawyer's services, then you probably should retain someone else.
Answered on Jul 17th, 2013 at 10:52 AM