Estate/Independent Admin Final Accounting Error

[Martha]

Again, based on the facts you shared I emphatically agree with Brat.

(But see my signature, my own CYA )

[Dimsumkid]

Brat,
Looks like I'll have to contact the owner directly, since my attorney chooses to only share what he wants to share with me. Thanks for the advice.

Martha,
Your signature puts me in a quandry, it states to consult w/my legal rep, that's where my problem lies! Now what?!?!

[Brat]

Just because a person is a member of the Bar does not guarantee that they have common sense.

Dimsumkid, every licenced professional must include a disclaimer when commenting about issues that may involve their profession. I am not a lawyer so I don't have those concerns. But I do have opinions about legal matters in part because I have experience with them both as opponents and team members.

[Martha]

Quote:

Originally Posted by Dimsumkid Brat, Looks like I'll have to contact the owner directly, since my attorney chooses to only share what he wants to share with me. Thanks for the advice. Martha, Your signature puts me in a quandry, it states to consult w/my legal rep, that's where my problem lies! Now what?!?!

Sorry for the CYA.

Brat is giving some very good and practical suggestions.

[Dimsumkid]

UPDATE: I apologize, this is a little long...

This has been put before the court for a revised final accounting. The most interesting thing happened, problem party #2 who has been completely removed from any of this, hasn't said or done anything, decided to send me an email yesterday. To give you more background, I personally performed 95% of the home repairs, partial gut bath remodel, whole house prep/repaint job, plumbing repairs, dishwasher replacement, basement floor tile encased in tar removal/repaint (took over 6 months) and paid over $55k in all funeral/mortgage expenses for 3 yrs. Total home materials cost was $2600. Only $300 spent on professional help, to keep house from foreclosure, we barely made a profit. This was to help keep the financial burden off other heirs. This party #2, never even bothered to thank me for this. This is the email I got after he got a copy of the court motion, I'll help to clarify some of these in (parens) and names removed:

=START=
Are you really doing this? What did they pay you $5000.00 (admin fee, atty decided, not me) for? Aren't you supposed to keep track of the accounting? The lawyers you are using didn't catch the mistake? What did you pay them $7000 plus for (legal fees)? Where is the paperwork for this bank mistake (his misinterpretation)? I see it as here say. All your emails stink of something fishy.
1) why was the check not mailed by USPS like I asked? (I hand delivered to his mailbox)
2) Why was it in a used envelope?
3) Why was it written a month after (problem party #1's) check was deposited in the Cook County Treasury?
4) Why the emails that say not to cash it? (I emailed him the day I dropped off the check telling him of this error, emailed again 2 days later, he never replied back, then he cashed it a week later)
5) Did you really make that much interestIf you did, shouldn't it be on the check as well? (Zero interest was made, his misinterpretataion)
6) Why does some of the items in the receipt portion seem excessive. (home repairs)
7) Did you sell any of the items? (same)
8) Did you return any of the items? (same)
9) Did you keep any of the items? (same)
10) Did you really use up all that fuel for lawn mowers? Really? (< $100)
11) Did you keep the ladder? ($99 for roof,gutter and siding repairs)
12) Where is the sale receipt for the house?
Sure, you think this is as petty crap. I still have more questions than answers.I strongly suggest you retract what ever you filed and take it out of your end. $5000.00 REALLY With our moving, we are tapped out. I used it to pay bills etc. I don't have deep pockets like you do. I have been out of work for over a year. I will fight this if I have to. I now have plenty of time on my hands. How about sharing with us?

=END=

I wanted to mention I was called out on the cost of gas for 3 yrs of weekly lawn mowing/snow thrower service, personally done by me. Never mind this would've cost $20-30/week if I hired it out and it didn't include my mileage gas cost either. None of my labor was ever billed, it was FREE. But, this party's opinion was I volunteered it, so I get no slack and no credit, no recognition. Call me crazy, but I lost out on investing this in a long term CD @ 5.25-5.5% back then to help ease the financial burden. Instead, party #2 feels he got singled out, accused me of lying and stealing from the estate too, and I should give up a mistaken overpayment of a distribution as a favor all the while being threatened with another lawsuit. Just a reminder, he was overpaid $564.32. Two further emails got uglier and littered w/F bombs telling me how selfish I am to not let him keep the overpayment since I got paid so much as the admin. Oh, and lose his number and address too! Last time we talked on the phone 3 years ago, I was told not to call, only email, he was too busy.

Do you think I interpreted this correctly? I believe I did. I know, I REALLY wish I was an only child....

[chris2008]

As they say "No good deed remains unpunished...."

[travelover]

Quote:

Originally Posted by Dimsumkid ............. Do you think I interpreted this correctly? I believe I did. I know, I REALLY wish I was an only child....

Life is too short to deal with this type of person. Turn the page and write them off as dead.

[Brat]

I have a sister like that, she has sent me the same type of communication. A while back I suggested we meet together with a family therapist. She refused. I wonder why

[Martha]

I'd consider bringing the letter to the lawyer and say that it looks like it is going to be tough to impossible to get this money back and because it was the lawyer's fault the lawyer must resolve this. Revising the final account doesn't get the money back. You want to be made whole, not fuss around with trying to collect this money from heirs who have already cashed their checks.

[Dimsumkid]

Thanks Martha, I can forward this email on to the attorney.

[Bestwifeever]

I feel so bad for you.

I hate problem party #2 just because of this little line in that missive: "With our moving, we are tapped out. I used it to pay bills etc. I don't have deep pockets like you do." First he/she uses up all your sympathy with that vitriol, and then throws out that line. So that should make it all your burden?

[Dimsumkid]

Bestwifeever,
Thanks, he doesn't bother to mention his wife has been working all this time, making over $100k easily for the past 15+ yrs, just that he doesn't want to "touch" her money. He mentioned in the past she had accumulated company stock worth 1/2 to 1 million about 10 years ago too. Combined income for both had to be $150k-200k+ for the last decade plus.

I never mentioned to him that I've only worked 2 months in last 3 years and my wife was laid off 1.5 yrs ago. I didn't want to throw it back at him for sympathy, knowing that all I've done so far was volunteering and didn't count in his view.

[Dimsumkid]

Just wanted to update this overpayment situation. Problem party #2 didn't bother contesting...just full of hot air I guess. The judge ruled in our favor to have the 2 parties repay the overpayment. I'm sure this is where it will get interesting, trying to get the 2 parties to repay the money.

[Brat]

I would tell the attorney that if they don't pay s/he will. It is up to the attorney to collect the $, gratis.

Did the attorney admit to the judge that s/he made an error?

[Dimsumkid]

I didn't go to court, just got the results. There was just an admission an accounting error was made, not specifically by the attorney

[pb4uski]

You will only get what you insist on. I would suggest that you insist on getting your admin fee and distribution since it was their mistake and that the law firm then collect from the others who were overpaid. If they can't get the money back, it is their problem (and loss). Given the fees that they have received and the mistakes that they have made, it isn't much to ask. Be assertive and make it clear that you insist that they take responsibility for thier errors.

[Martha]

Quote:

Originally Posted by pb4uski You will only get what you insist on. I would suggest that you insist on getting your admin fee and distribution since it was their mistake and that the law firm then collect from the others who were overpaid. If they can't get the money back, it is their problem (and loss). Given the fees that they have received and the mistakes that they have made, it isn't much to ask. Be assertive and make it clear that you insist that they take responsibility for thier errors.

+1

[Dimsumkid]

I still owe roughly the same amount to this legal firm (from another case) as what is due from this estate. As long as the process keeps moving forward, they haven't asked me for payment, so I'm guessing they're not pressing for payment since there's still outstanding work to be done. I mentioned to the attorney about be made whole and collecting the money due, he only said he'd do his best to get it back. I will need to have a talk with the owner of the firm, my attorney is a sr. partner.

[Dimsumkid]

Just got another update, atty sent me an email that the county treasurer is requiring a W-9 to get the payback. So, there's definitely forward progress here. One down, one more to go. He's also recommending that a 2nd final accounting for the estate be sent to the IRS, stating no tax due...not sure why, I talked to an accountant last year, there was no tax due and was told I didn't need to file anything at all. I'm thinking the atty has one opinion, but it doesn't match what the accountant says.

Anyone see a need to file another tax form that's not required? I don't feel like spending .44 on a stamp! This estate has drained me enough.

[Achiever51]

I've been reading this entire thread with great interest as it reminds me of the terrible experience my DH has as a personal rep for a relative's estate several years ago. The relative died with a will that named distant relatives who hadn't been heard from in years along with others who had died. One relative contested the will, claiming that the deceased had "a full length sable coat worth more than $150,000" that she claimed my DH removed from the estate. (The coat in question was a pieced mink that was over 40 years old, in poor condition, and had been disposed of by the deceased years before she died.) Still, the allegation caused lots of problems for DH, as did another relative who tried to claim proceeds from an insurance policy.

Anyway, this mess continued for more than 5 years from the time the estate was opened...three years after DH resigned as executor...and by the time the estate was closed, after 82 court hearings!!, there were no assets left to distribute to any of the heirs. The entire small estate had been eaten up by attorney fees and administrative costs charged by the substitute executor appointed by the court.

As I am about to take my father's estate to probate, I pray I don't face the same problems.