Follow
Share
Read More
This question has been closed for answers. Ask a New Question.
Find Care & Housing
Life - the good folks on this forum are trying to help you.......

Whomever was named executor in the will is in charge and at whatever time frame they deem necessary within state laws. Like for example, TX probate allows 4 years from when Letters presented (within 1st year) and all validated and determination made as to type of probate. You were not named executor nor agent, so not your call.

You want it different, then you hire your own probate attorney to litigate on your behalf as a named heir & I'd say maybe 3K as a initial retainer and then somewhere $250/$500 hr after a certain point in all this.

As someone who has been an executor twice, I have found that family is often clueless on the reality of their supposed "well off" family. Often the elder bluffs or implies there is $ when there's not any $, so to keep family sucking up to them. Or the elder has $ as income when they are alive, so family thinks they are well off, but once they die that income stops and all those debts which they paid minimally when alive now all come due against the estate. Executor has to wait out to see just what claims are out there and negotiate or pay before heirs get a penny.

$ 150 large isn't really very much $ if they had costs for care to pay.
Helpful Answer (6)
Report

You mentioned two documents in your question: a Power of Attorney and a Trust.

The authority (power) in a Power of Attorney ends upon the death of the principal (your uncle). The person your uncle named as his agent in the POA had no authority to engage in transactions after the death of your uncle. A Power of Attorney document should have a clause that lists who has the right to demand that the Agent (attorney-in-fact) provide an accounting of the principal's funds and transactions.

Was the Trust that you mentioned established by your uncle during his lifetime (inter vivos), or was it a Testamentary Trust that was created by his will?

An inter vivos trust should have instructions listing who has the right to demand information from the Trustee. State law also has default rules that can help family members hold a Trustee accountable.

If the Trust came into existence after death, through terms of your Uncle's will, the Probate Court will already have jurisdiction over proceedings. State law and the instructions written into the Testamentary Trust can provide ways to enforce accountability from a Trustee.

An attorney working to protect your interests can advise you on the POA and Trust clauses, and state Probate and Trust laws that apply to the circumstances.
Helpful Answer (0)
Report

If he had home care before entering assisted living then it would have been very costly...

Was another family member caregiving for him?
Helpful Answer (1)
Report

So, you wouldn't want someone with legal expertise to answer your question, just someone who has been in the situation? Just clarifying.
Helpful Answer (4)
Report

Who have EXPERIENCED this situation......You're welcome....
Helpful Answer (1)
Report

You asked (a) what your legal rights are, and (b) how long would the process take.

In order to answer those questions, more information is needed. That's why questions were asked, in an attempt to respond to your post.
Helpful Answer (2)
Report

You asked Windy why you'd care if you weren't in the will. My answer was you might care if your FOLKS were in the will. You worded your initial post a bit unclear when you said he left "our family money."
Helpful Answer (4)
Report

maggiemarshall...why did you say my parents were in the will? I didn't write that?
Helpful Answer (0)
Report

My uncle did not pay a lot of money to live in senior living. He was given a two months to live diagnosis...and did die in two months with the care of hospice and some very inexpensive caretakers that worked for the facility.
Helpful Answer (1)
Report

Because your parents were in the will. ;)
Helpful Answer (2)
Report

windyridge...why would i care about how much money he had if i wasn't in the will?
Helpful Answer (2)
Report

It's not clear that you have any rights. Are you named in the will?
Helpful Answer (0)
Report

You need your own attorney. It's not hard for lots of money to be spent in the last few years of life. If he was in a nursing home, he could have easily been paying $10,000 a month. Probate can take a year. If you retain an atty, professional courtesy, one atty to another, will probably get you a pretty accurate timeline.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter