Original Executor Removed, Unable to Communicate with New Executor. a Giant Mess

[tiktek]

My question involves estate proceedings in the state of: NH


My apologies for the long post.

Looking for advice. My wife, her siblings, and kids are listed as beneficiaries in late wife's step father's will that was made when wife's late mother married him. He has his kids and grandkids listed in is will as well as wife's mother's kids and grandkids. Total kids are 6 and grandkids are eight. It specifically states the 6 kids each get 10 percent and any grandkids divide remaining equally which works out to 5 percent each.

Now the confusing part. Mother-in-law died over 2 years ago, and stepfather died over year ago. The stepfather's oldest child who was designated as executor in the will, and still lives in the house basically did nothing, with the estate. She hasn't had any contact with her siblings other than refusing to let her brother come into the house. She is and has been living there paying taxes, and utilities, upkeep of house, but filed no papers with court. We assumed that since we never heard anything, and nothing was filed in probate, that after mother-in-law died, the father-in-law changed the original will and excluded the mother-in-laws side. Apparently that isn't the case.

Very recently, we found out that this brother hired a lawyer, submitted the will, and petitioned the court to have him be executor. Found out he won. Not sure what will happen next because any accounts are still unknown. The only thing known is house is worth about $350k.

Unfortunately, this brother doesn't seem very capable of handling all the accounting and anything to do with selling assets, filing papework, etc. Not to mention he isn't communicating with anyone. Hopefully, the lawyer he hired will help.

His sister obviously isn't cooperating because she won't even let him into house to look though paperwork. Their other sister hasn't spoken to anyone in years. That entire side is a mess. Meanwhile, my wife's side, her, our kids, her brothers, and their gets are just stuck waiting.
After calling NH probate, and finding out that the will was submitted finally, everyone on our side submitted the new case participant and motion to intervene forms as instructed.

Any advice for my wife's side. Is it worth getting an attorney or should they just wait it out?

Right now, they are left in the dark. If the executor won't communicate with the rest of the beneficiaries, how can they find out any info.

And, to make it worse there is something else which I need advice on. The decendents daughter who is still living in the house gave my youngest daughter the decendents car day after the funeral.It was a sentimental thing for when my daughter gets her license, to have grandpa's car. This car is still sitting in our driveway because she said she couldn't find the title. But now it looks like she wasn't suppose to do this because she wasn't / isn't executor. And we live out of state.
The car is old and was worth about $1200 at the time we drove it back. Now it's been sitting for over a year, dead , brakes frozen, and maybe worth $300. Who makes the decision with what happens with this thing. I either want it out of my driveway, or the title so I can fix it and put it on the road. But now it just sits. Any suggestions?

[Zigner]

You were given advice about the car in late May. Have you not done anything since then?


For background, here is the OP's thread from >5 months ago about the car: https://www.expertlaw.com/forums/sho...d.php?t=246177

[tiktek]

Nope, We have been in contact with the daughter who was supposed to be the executor and she said she is still searching for the title so we just let it sit. But that was before finding out about the will. Legally we have no right to give the car away either.

[llworking]

Nope, We have been in contact with the daughter who was supposed to be the executor and she said she is still searching for the title so we just let it sit. But that was before finding out about the will. Legally we have no right to give the car away either.

Let the new executor know that you have the car and now understand that it belongs to the estate. Ask him what he wants to do to retrieve the car.

[Zigner]

That means that you ignored the "bonded title" option.

[tiktek]

We will have to contact his his lawyer. Or would that be considered the estates lawyer?
Would it be a bad idea to push to get to him to doin something ASAP?
I would be willing to offer the estate a few hundred, IF he can provide the title soon. Otherwise, the only option I can see the estate has is to call a junk yard to pick it up. An executor has a fiduciary duty to act in the best interests of the estate, so scrapping the car doesn't seem like it would be in the best interest.
If he doesn't respond, can I bill the estate storage fees?
We don't want to pick a fight with anyone on that side and make it worse than it already is.

That means that you ignored the "bonded title" option.

We looked into it, but decided it seemed more of a hassle then what it was worth, even if it could be done. Plus our concern at that time was if there would be a dispute with the estate. Back then we didn't think we were even part of it. And low and behold, there is a dispute with their side.

[pg1067]

My wife, her siblings, and kids are listed as beneficiaries in late wife's step father's will that was made when wife's late mother married him.

This is less clear than one would hope. I'll assume that "My wife" and "late wife" are the same person. Correct? Also, does "and kids" refer to your kids or your wife's siblings kids? I'll assume for the time being that it's the former.

Also, you indicated that your wife's former stepfather died "over [a] year ago" and that her mother died "over 2 years ago." When did your wife die?

Now the confusing part.

Yeesh...

The stepfather's oldest child who was designated as executor in the will . . . basically did nothing. . . . She . . . filed no papers with court.

Since this person was never appointed by the probate court to serve as executor, then she never was the executor. The nomination in the will did not make her executor.

Very recently, we found out that this brother hired a lawyer, submitted the will, and petitioned the court to have him be executor. Found out he won.

He "won"? Was his request to be appointed contested? If so, by whom? Also, I assume that "this brother" refers to another of your wife's former stepfather's children. Correct?

His sister obviously isn't cooperating because she won't even let him into house to look though paperwork.

The court order appointing him as executor gives him the authority to enter a home owned by the estate.

Any advice for my wife's side. Is it worth getting an attorney or should they just wait it out?

First, with respect to "advice," I suggest you review the disclaimer at the bottom of every page at this site. Also be advised that many of the regular participants here are not lawyers. Also, to the best of my knowledge, none of the lawyers who post here regularly live or practice in NH.

With that said, what you/they should do depends a lot on when the the executor of your wife's former stepfather's estate was appointed and the value of the estate, which you didn't tell us.

Who makes the decision with what happens with this thing. I either want it out of my driveway, or the title so I can fix it and put it on the road. But now it just sits. Any suggestions?

I'm not sure why you think you need the title to "fix it and put it on the road." It obviously made it to your driveway without the title. In any event, contact both the executor and the executor's lawyer, explain what happened, and ask that the car be removed ASAP.

We will have to contact his his lawyer. Or would that be considered the estates lawyer?

The lawyer in question presumably represents the deceased's son. "The estates [sic] lawyer" is a term that has no real meaning, but it is a term that folks sometimes use to refer to the lawyer representing the executor.

Would it be a bad idea to push to get to him to doin something ASAP?

The value of an idea is not a legal issue. You said you want the car out of your hands, so....

If he doesn't respond, can I bill the estate storage fees?

Sure you can. You can send a bill to anyone you like, but you're not likely to collect. The problem here is that you improperly took possession of the vehicle in the first place, so the situation is somewhat of your own making.

[tiktek]

This is less clear than one would hope. I'll assume that "My wife" and "late wife" are the same person. Correct? Also, does "and kids" refer to your kids or your wife's siblings kids? I'll assume for the time being that it's the former.

Also, you indicated that your wife's former stepfather died "over [a] year ago" and that her mother died "over 2 years ago." When did your wife die?




Yeesh...




Since this person was never appointed by the probate court to serve as executor, then she never was the executor. The nomination in the will did not make her executor.




He "won"? Was his request to be appointed contested? If so, by whom? Also, I assume that "this brother" refers to another of your wife's former stepfather's children. Correct?




The court order appointing him as executor gives him the authority to enter a home owned by the estate.




First, with respect to "advice," I suggest you review the disclaimer at the bottom of every page at this site. Also be advised that many of the regular participants here are not lawyers. Also, to the best of my knowledge, none of the lawyers who post here regularly live or practice in NH.

With that said, what you/they should do depends a lot on when the the executor of your wife's former stepfather's estate was appointed and the value of the estate, which you didn't tell us.




I'm not sure why you think you need the title to "fix it and put it on the road." It obviously made it to your driveway without the title. In any event, contact both the executor and the executor's lawyer, explain what happened, and ask that the car be removed ASAP.




The lawyer in question presumably represents the deceased's son. "The estates [sic] lawyer" is a term that has no real meaning, but it is a term that folks sometimes use to refer to the lawyer representing the executor.




The value of an idea is not a legal issue. You said you want the car out of your hands, so....




Sure you can. You can send a bill to anyone you like, but you're not likely to collect. The problem here is that you improperly took possession of the vehicle in the first place, so the situation is somewhat of your own making.

Thank you for response and sorry about making an already confusing situation even more confusing. let me try to address the points you brought up.
my wife didnt die.
Her mother died 2 years ago and the stepfather was executor of that will. That will stated the few IRA's in mother-in-law's name were to be split between my wife, wifes brothers, our children, and brothers' children. This was done without any problem. The remaining accounts mother-in-law had were to be left to stepfather.
A year later, the step father died. In his will it first specifies that just a certain life insurance policy was to go to his 3 children. It then goes on to say that the remainder of estate goes to the mother-in-law but if she predeceases him, the remainder is to be split 60% to the 6 children.(his 3 children, mother-in-laws 3 children(my wife, and her two brothers)), and the remaining 40% to all the grandchildren( a total of 8 combined from both sides)

The step-brothers request was contested by the step-sister who still living in the house. She lost, but apparently she can appeal that. Not sure if she will. But as of now, she still hasn't let him in to the house. I'm assuming she'll cave in soon and let him.. hope it doesn't get too ugly. He was appointed around a month ago.

The overall value of the estate is unknown The parts that are known are the house which has an estimated value of $350k, a stock account in mother-in-laws name which had a value of around $43K back in April. My wife called about that when she was given an old statement, and found there were no beneficiaries listed. I am sure there were a few other accounts on father-in-laws end, he was a numbers guys and planned every financial move fairly well...except his own estate, but the stepdaughter said she hasn't gone through paperwork yet. So as of right now, it should be at least $390-$400K.

It sounds like this will be an enormous headache for the executor, since I'm assuming all expenses and bank transactions has to be accounted for starting the day the stepfather died over a year ago. On top of that, the stepdaughter, who is living there made some improvements to the house. I'm not sure why she would have done this if she knew about the will and she was the only beneficiary. She just didn't do anything about it.

As far as the car, trust me, I regret driving it home if I knew back then we wouldn't be getting the title, at least not yet. Back then she told us just take it then because registration and insurance were still valid which they were. Im assuming she just stopped paying on the car insurance.

Wife just emailed the lawyer that is representing the executor since we have no solid contact information for him and any attempt went unanswered. She explained how we obtained the car, and for him to make arraignments to get it. She offered to purchase the car for $200 from the estate only if the title and any required letter can be sent soon. Otherwise, this car just sits. I have no intention of repairing it so it can be driven, because we are not legal owners and without the title and letter of sale or gift from estate, we cant register it to drive.

Hopefully, the lawyer will advise him on the car issue soon, because I either want it gone, or titled and registered so I can fix it.

I'm just hoping the will is going to be validated soon. My concern is something being done between there lawyers which exclude my wife's side from the estate.

[pg1067]

Rather than a bunch of quotes (using this site's less than optimal quote feature), here are my further comments:

1. It probably doesn't matter as concerns your wife's mother's estate, but IRAs, bank accounts, and life insurance policies are not generally part of the the probate estate. IRAs and bank accounts (and most other financial and investment accounts) typically (although not always) have pay-on-death beneficiaries designated, and the money in the accounts goes to the designated beneficiaries regardless of what the account holder's will says. Of course, it's possible to designate one's estate as a beneficiary and, if no beneficiary is designated, then the money typically becomes part of the probate estate. Similarly, almost all life insurance policies designate beneficiaries who get the money regardless of what the insured's will says.

2. If you google "new hampshire attorney search," you can obtain contact info for any attorney admitted in NH.

3. If I were you, I might be inclined to drive the car back where you got it (or, if it's not drivable, to have it towed).

4. It sounds like your wife stands to inherit 10% of $390-400k (less whatever debt the estate has and whatever the executor's and executor's lawyer's fees are). I don't think you said how many kids you have that stand to inherit, but maybe there's another 5-10% there. If your wife starts to feel uncomfortable with how things are going, that's probably enough $$ to justify hiring a lawyer (or at least having an initial consultation).