Executor and Wrongful Death Settlement

[harrylime]

looks like Ill be trying to find a lawyer.

OK... one last time.

Before you spend your money, I hope that you have more to go on than what you have stated here. Other than your pique concerning the trust your father has in his grand niece and him essentially telling you, "It's my decision; get over it", I just don't see that the paranoia is justified.

And... Cases of executors stealing are very rare. Bad decisions sometimes... sure. Decisions with which beneficiaries disagree... yeah. Actions - intentional or not - that benefit one beneficiary over another... sometimes. And so on.

You just aren't going to read about the 99+% cases where the executor fulfills his/her fiduciary obligation completely and everybody comes away happy.

If you go forward, what could happen is:

1) You spend your money on attorney and don't accomplish anything.
2) The grand niece decides to retain the most expensive probate attorney in Idaho to represent her as the executor, with said attorney's compensation being paid from the probate estate funds.
3) The grand niece is peeved enough at essentially being called a potential thief that she renounces that "no compensation" provision in the will and takes as much compensation as the probate court considers reasonable.
4) Your sister gets royally ticked when she realizes how much additional expense and time has been incurred.

[free9man]

1) You spend your money on attorney and don't accomplish anything.
2) The grand niece decides to retain the most expensive probate attorney in Idaho to represent her as the executor, with said attorney's compensation being paid from the probate estate funds.
3) The grand niece is peeved enough at essentially being called a potential thief that she renounces that "no compensation" provision in the will and takes as much compensation as the probate court considers reasonable.
4) Your sister gets royally ticked when she realizes how much additional expense and time has been incurred.

You forgot one:

5) You completely destroy multiple familial relationships with little to no basis, which could result in a new will being drawn up. One which specifically excludes you from getting anything.

[Art_diesel]

I have thought about all the things you guys are saying. Its been going thru my head for the last couple to three months. First off I dont have the money for an attorney. The only way I could get an attorney is pro bono or an attorney on contingency. So the likelihood of me getting an attorney is almost not possible.

Free9man has a good point and Ive thought about that one. My dad is the kind've person who would cut me out of his will. I wouldnt be suprised if he did that. I think the niece would love to be a beneficiary on his will so I could see that happenening. Im sure she would suggest it.

The niece has done things that make me very nervous. When my sister was visitng in April the niece had talked to my dads doctor. He told her to tell my dad and sister to wear a mask to cover their mouth if they leave the house. She didnt pass the information on and my dad and sister went to breakfast. When they got home my dad started vomitting. My sister said if she wasnt there he would've died. He still living alone when he should be in some kind've assisted living. I kept telling him when we were still talking to get a live-in nurse or something. But he doesnt listen to me. One other time she called my sister to tell her my dad was diagnosed with lung cancer and my sister told me she was a little to happy when she called. Also I see the money she spends on his checking acount pisses me off.

With regard to her renouncing the no compensation clause in the will, I told her I'd pay her for her time and she refused which seemed kinda fishy to me. I guess we'll have to see what happens. I still have it in my mind I wont receive anything. It wont even benefit me as much as his grand kids. My son is Autistic and any money would go to his tutoring, speech therapy and ocupational therapy. Plus the fact that he'll probably never be ableto be on his own. But im hoping when he's older there will be programs he can get into. Maybe a home for adults with autism.

Plus my sister will be ticked no matter the outcome. But thanks again for all the great input guys.