Her husband passed away and left his son as executor of his will. My mother had some mild dementia when he past and before he passed they -meaning my mom and her husband, asked me to move in a help them out. So I packed everything, and put my life on hold to help them. So after he passed, they had the wake, which the executor brought the realtor and her husband to the wake. Oh! In his will meaning stepdad he was to be cremated, well his son donated him to science, so he wouldn't have to pay funeral cost. During the reading of the will he and my older brother had talked about something about my mom but was told to keep that under his hat, per say. So after three years of no help from either side of the familes. I did the best I could to keep everything in working order. We lived off my mother social security and and my 401 k. I now receive social security, 401k gone. My problem is that my step brother gave us 30 days to vacate the premises, but we didn't do that, because it was just a typed letter. Now he's called child protection services. He's sold the john deer tractor with attachments from the property and we don't know how much money or anything about anything. He removed everything from the safety deposit box. And spend all the money on bills from their joint account. He also took cash out of my mom's personal account a year after his passing, and he's not on the account. He signed his dad's name Sr. Because he's not on the account. The amount was 1000 dollars. As for the safety deposit box. Unknown amount of money and things, in there. Sr. Had bought a CD every year for 16 years, that stuff hasn't been found so now I don't know what to do. The Jr. is financed to the max before his dad passed, he paid off his mortgage on the house and bought a new SUV for his wife and he bought himself a new Ford F350. There combined yearly wages, don't come up to that kind of money and send two young adults to college too. I just need some advice on what to do about person that thinks he's in control over everything because he's the executor of the will. He's sell everything in a lump some deal. My mother is to receive 20 percent of his estate, so what happens to my mother community property at 50 percent. I don't know what to do. I just found out about guardianship. I'm working on that and a lawyer now. So thanks for your help.
But I’m wondering if it is actually “her” home? & why 20%?
You might want to clearly get these answers first....
For “her” home, it’s not does she live there BUT does title show owner to be both your mom & her deceased second husband? If she’s gotten an 30 Day eviction notice from Executor of 2nd hubs estate, it’s probably not in her name, it’s his separate property. Seperate property has safeguards for surviving spouse but spouse has responsibilities, if not it can be considered abandonment. It’s sounds like house is asset of his estate and so executor can do what’s necessary to ensure property secured or can decide to sell assets of his estate as per will. If notice to vacate is a “typed letter” from Executor, or the probate attorney, they can do this. It sounds harsh, but realize it has been 3 years. If “protective services” has been called to deal with this, that is serious and I bet has been done as mom has not seemed to understand what she is legally being required to do.
The terms of the will are going to be very important as to just what your mom inherits & what type of administration was granted to Executor. If it’s an independent administration, he’s got quite a bit of authority. If it was going to be challenged, that really should have happened those first early months in probate when assets & claims were getting filed in probate court. You can pay a fee to get downloads of whatever filed to his probate docket to see exactly what’s what.
If your mom is being told her share is 20%, it - 20% - to me is an odd #, so could it be that she’s getting an elective share?
Elective share seems to be a 2nd / 3rd wife issue - but it’s something she would have agreed to & needs an atty to deal with this. But imhnot an atty opinion, 3 years in is kinda late to start to challenge items. Usually if there’s a valid will & for seperate property & surviving spouse, spouse gets 1/3. 20% seems odd %. You need to clearly find out why it’s 20.
Your step brother could be a total snake and drained bank accounts to use for his own expenses. But in my experience as Executor x3 that’s kinda hard to do as you have to file documents, assets & claims /debts to the court. Paperwork is notarized and gets reviewed even in smaller counties. TX has a formula for how executors get compensated; unless this a huge $$$$ estate, its going to be under 10%. Most executors do it with very very little compensation out of a sense of family duty. It really could be that he left assets to his son (& other kids from first marriage) and those assets done as designation or beneficiary accounts. It’s the beneficiary stuff that stepbrother has gotten $$$$ from. Beneficiary type of assets -life insurance, pay on death bank accounts - are not part of probate. Not included in the will.
Probate, imo, once opened, will mean that you need your own attorney to do anything to challenge filings. If y’all don’t have the $ for one, it might be best to negotiate for 1/3 or take the 20.
An Executor's job is to Probate the Will. He then carries out the wishes of the deceased. But before that, he does need to pay any outstanding debts. Then what is left is split between the beneficiaries as to the Will. He should have contacted each beneficiary telling them the Will was being Probated and sending you a copy or written "upon request".
As soon as he pulled money out of your Moms personal account, the Bank should have been told. If only her name is on the account, then its on the Bank. They allowed someone unauthorized to withdrawal money. If your Dads is on there, have Mom produce a death certificate to the Bank and have Dads name removed.
CDs may have beneficiaries. Executorship does not give you the right to cash in CDs that have a beneficiary. Or IRSs or insurances.
I would contact the lawyer who did the 2007 Will to see if he drew up the 2011 Will. The Executor has to abide by the wishes of the deceased. If you and other siblings and Mom were entitled to anything, then Executor has to give you an accounting of where the money went. My lawyer did this. If you find the accting is not accurate, then you can contest it. If you haven't received anything like this, call the Probate office. My brothers had to sign off they received the accting. Ur brother may not have closed Probate yet.
How does the 2007 Will read? Does Mom have the right to live in the home until her death? If so, she can't be evicted. Is Mom on the deed at all? If so, then the house is half hers.
Was your mom ever given a copy of the will?
Just what you have shared here tells me that you should get an attorney for your mom.