Regardless of how a beneficiary behaves towards the estate, the executor must respect the rights of each beneficiary and treat them professionally, fairly, and, if necessary, firmly. “Mom thought we would just sort all the house stuff between us:.[…]. He was patient with our questions and creative in the solutions he proposed. You are the ‘trustee’ and this matter has been turned over to an ‘administrator’? When they died they put my inheritance in a trust and appointed my brother as trustee. I liked what you said about getting an attorney who represents your rights as a beneficiary to communicate with the fiduciary’s attorney and requestion information. Oh, sorry to hear about the way your Mother passed. Can you afford to retain a lawyer? He is the “baby” of the family. Once you petition the court, you are involved in litigation, which can be very time-consuming and expensive. An informal accounting would include a list of the assets and expenses, as well as a status of the administration of the estate or trust. Your reply expedient. The belligerent beneficiary becomes nothing more than a nuisance. I was also his POA when he was alive, he passed in early fall of 2017. Anyway, if the deposition doesn’t go well, then maybe the executor should consider meeting with the beneficiary and his lawyer to see what it would take to avoid further legal action. In terms of a personal lawsuit, I am not an attorney, but there is no basis stating that your sister was negligent in giving money to the step-children. Also, I need to add the disclaimer that estate law is state specific. He is saying my sister and the remaining children made decisions about things he should have been in on – possessions in the house, and he should have had choice just like his aunts and uncles. And to all the executors out there we know this interferes with your ability to grieve for your loved one. I’m in control of everything regarding the trust. This law imposes a duty on trustees to inform Beneficiaries about the existence of the trust, along with certain current information on the trust. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. We notified them in writing that we intended to “gift” them money at the close of probate, so they would understand and reset expectations. As the executor you have an obligation to follow the Will and Estate laws wherever you may reside. The tangible assets get split also in two ways. I hired other family to assist including my husband who is experienced in electrical, plumbing etc. Hence everything was messed up, so I hired my own estate attorney to fix the language and have the attorney my dad had fill out an affidavit to correct the statement. This beneficiary locked me out of a trust asset (my dad’s house) and was distributing tangible assets to her kids. According to the will, my sister and I were the only beneficiaries to the cash and bonds. So, there are a lot of considerations an executor has to make regarding stocks. We understand that the relationship between Beneficiaries and trustees can sometimes be difficult at best. If you haven’t already, give them a try. The rest of us beneficiaries signed the non judicial settlement agreement, agreeing to the affidavit from my dad’s attorney since he screwed up my dad’s trust paperwork. This has happened to me and other estates I heard from that had stepchildren included. The belligerent beneficiary I am to ignore since she has council. But, he had no attachment to anything like we did — he hardly visited, whereas we grew up there. I do know that that many Executors play games. We are a loving family and my mother felt sorry for him and gave him a sixth of her estate — we have been loving to him growing up, but he and his mother always hung back– we usually had to make the first gesture, call them, include them. Performance & security by Cloudflare, Please complete the security check to access. I understand that you know very little about my case but my commenting here might help someone else. To me, it sounds like she is in the closing phase since all taxes and expenses of the estate have been paid. It’s been absolutely ridiculous – I keep wondering what they will come up with next. This is what Jeff needs to find out. The mistake the executor made was allowing the beneficiaries to negotiate who got the car. All beneficiaries are part of the process. Few understand Estate Law Rule and Regulations. When someone passes away, they leave an estate, which is all their remaining assets. Click here for more details. Just an assumption. We don’t know enough of your situation. We will make the process as easy as possible! As to which is better..the Canadian way or the American way. Law Office & Mediation Services of Elissa C. Goldberg. I as a trustee I have supplied bank statements to all the beneficiaries but this belligerent beneficiary feels entitled to more than the other beneficiaries. Be advised, I am not an attorney. It’s cool that the attorneys can work with things like bank statements in your place. This is a must for him because he just found out that he might have an illness that can make him weaker faster than the normal person, so we need to secure his properties. As for the stat. The first PDF is currently available: © The Common Executor, 2015 – 2020 – All Rights Reserved. Without fail, the response was always “make arrangements to pick up the possessions”. This made the beneficiaries feel informed and part of the process. Thanks anyway for responding though. I believe Robert Dowling’s response to be well stated. If this doesn’t work, this belligerent beneficiary, thinking she should be a co-trustee, may feel slighted that she doesn’t have much of a say about running the trust and is striking out against you. We all trust each other except for him. So, I believe Jeff and the other beneficiaries have a reason to gripe. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. We would have been better off not giving them anything in hind sight. I didn’t realize that a good estate lawyer could help to convince a court to help with compulsory accounting which then allows you to review the accounting before possibly demanding discovery. Otherwise, the attorneys will be the only beneficiaries in the end. What is his expertise? Having to refuse distributions from a trust to avoid creditors is simply unacceptable behavior. Let our Lawyers help walk you through what can be a confusing process. He’s done nothing to help — only hinders and delays the healing process of losing our parents. Your reply was very helpful , regardless. The house was sold but the money from the sale gets split two ways. An account would probably be involved as this can be complicated depending on the Investments. Anyway, stay strong for the other beneficiaries and follow the rules. I'm totally satisfied with Klenk Law. Today I read Coca Cola business is down 29% but the stock is up 3.75% (this AM) Maybe overall it is down. So, having no recourse, the belligerent beneficiary relented and claimed the possessions. It is important to state that I have conducted myself accordingly in every way. Anyway, I did make assumptions in my last response, but I need to mention a couple of things. My father owned a furnished home in FL in addition to a furnished home in PA and I have also hired a separate attorney in FL to handle the ancillary probate there. As trustee the trust doesn’t state that I’m to pay from the trust accounts this belligerent beneficiary debts (this would be considered a partial distribution per the CPA). We even told them how much money we were gifting them. However, you are correct in that estate law is state specific, including probate rules. Unfortunately, problems like yours result from poor estate planning by the decedent[..]. Take a deep breath, collect yourself, and move the estate forward. This case is currently before the court, as it’s the only way I can resolve and settle. You have mentioned that a previous estate evaluation made sense. Soon after, the demanding beneficiary became belligerent and remained that way through most of the process. I’m trying my best as trustee to make sure the other beneficiaries that don’t get anything from the sale of the house get something from the trust accounts. If this release form is to close the estate, then your relative should at least provide the same information to the beneficiaries that was approved by the bank. Post was not sent - check your email addresses! That account then went to probate, where it was subject to the terms of the will – which assigned all cash and bonds to my sister and I in equal portions. Someone has passed away; they know that they are a beneficiary, but they are not sure of anything else. • They essentially match considering that the disgruntled beneficiary holds about 18% of estate monies. They have that right, but I doubt if an attorney will see it any different. It seems to me you became the executor while your sibling handled the estate and your Mother’s affairs before her passing. he does have a marriage certificate from 1985. People were very engaged and asked several questions, all of which Peter thoroughly answered. We don’t know if your mother’s lawyer advised her as to the potential problems that could arise with the way it was written. If I didn’t stop this behavior, other beneficiaries may call the attorney directly, running up expenses. Remember, the executor has authority over the property and must handle the property according to the rules of the probate court. And, I have viewers from all over the world reading this article. You don’t mention who the Executor is (relationship). Please contact us if you encounter an accessibility or usability issue on this site. Again, keep in mind that different jurisdictions may have different estate laws. This has been and exhausting year.[..] I am at the deposition stage and a Trial will likely follow. The only other alternative is to bring the issue into court. Good luck with your estate and if you any have questions or concerns, don’t hesitate to contact me through the Contact Form or here in the comments. Sorry to hear about your situation Rob. Required fields are marked *. I’m sure Canada has different laws regarding the matter. Hi, my relative is the executor and beneficiary of her mother’s estate, everything was to be split 5 ways among her 3 daughters and 2 step-sons. The self proclaimed spouse has been able to take over her housing commission home even though he would stay in the spare room intermittently as a convenience when in sydney. He actually did come over and have his choice of things before the other grandchildren — we were so shocked that we tried to placate him.