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#1 Nandra

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Posted 08 June 2012 - 05:53 AM

Hi:  We need some legal assistance. My mother passed away June, 2009. My brother is the executor. My sister refuses to sign off on the personal property and has continued to keep probate open. Her motivation is jealousy and revenge for not being named the executor. We offered a settlement but she has refused it. What can we do now? this nighmare has to end. I live in Arizona and my brother, who is the executor, lives in Washington State. The probate is in Clay County, Missouri. We have a probate attorney but he cannot "force" her to settle. please tell me what we can do to facilitate the closing of the estate and remove her from our lives.

#2 pg1067

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Posted 08 June 2012 - 09:37 AM

Nandra said...

My mother passed away June, 2009. My brother is the executor.

I have to ask (because so many people are mistaken about this):  was your brother appointed as executor of the estate by the court, or was he merely nominated in the will to serve as executor?


Nandra said...

My sister refuses to sign off on the personal property and has continued to keep probate open.

I don't understand what you mean by "sign off on the personal property."  What personal property?  What is it that she is refusing to sign?  As far as her "keep[ing] probate open," since she is not the executor, it is not clear how she could do that.


Nandra said...

What can we do now? . . .  what we can do to facilitate the closing of the estate and remove her from our lives.

Since the problem is unclear, it's impossible to know what "we" (or, more accurately, your brother the executor) can or should do.  However, since you said that "[w]e have a probate attorney," the attorney should be able to advise your brother about his options.



#3 Nandra

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Posted 08 June 2012 - 06:01 AM

I posted my question regarding the probate of my mother. I am wanting to hire my own attorney to facilitate the closing of mom's estate. There are 3 heirs, my brother, represented by probate attorney, my sister, represented by an attorney - and me.  please help. 

#4 knort4

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Posted 08 June 2012 - 07:25 AM

If the other siblings/heirs can afford to buy out her share of the property, then please consider doing so.  Are the heirs wanting to sell the property or rent it out in the future? 

#5 pg1067

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Posted 08 June 2012 - 09:39 AM

Help you do what?  Hire an attorney?  How could we possibly help you with that (other than by pointing out the conspicuous "find a lawyer" link at the top of every page at this site)?


It is also not clear what you expect to be able to do since you said your brother is the executor and has a lawyer.



#6 Nandra

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Posted 08 June 2012 - 11:25 AM

I have to ask (because so many people are mistaken about this): was your brother appointed as executor of the estate by the court, or was he merely nominated in the will to serve as executor.


My brother was named executor (personal representative) by my mother in her  will.

My sister refuses to sign off on the personal property and has continued to keep probate open.


My sister has objected to the distribution of personal property. She has claimed that we locked her out & divided everything by 2. Everything that comes out of her mouth is a lie. She seems to really enjoy the power The truth is the three of us divided everything equally & she was there the entire time. She is jealous & vindictive & loves to fight. Since she won't agree to the personal property settlement - she filed a motion with the court for a court hearing. The hearing was scheduled for 4 hours. We were told the judge had a speaking engagement for  1 & 1/2 hours so my sister was on the stand for 20 minutes. The Judge said this looked like a 3 day trial not a 15 minute deal & he had something to do that evening. We were told it would be in everyone's best interest to try to settle.  After some negotiation with my brother's lawyer & my sister's lawyer we offered her a settlement - silverware, necklace, etc - "things that she wanted as she said she did not want money. She claimed there were 84 pieces of silverware - there were only 62 - so we offered to purchase the rest of the silverware from an antique shop/dealer & give it to her. She requested a "picture" of the necklace & has come back to say she will not settle as it is not "the necklace" and the deal is off. We know it is the necklace - she has no proof it is not "the necklace" but will not settle. She wants to force a discovery of personal assets which I understand is very expensive & a long process. It has been 3 years as it is. She seems "hell bent" on making us ship all personal property back to Missouri to be sold at a sale. She has also filed an objection to the Personal Representative's motion for compensation - again with a bunch of lies. Is there nothing in the law that an allegation has to be factual and proved in some way?  Yes, we have a probate attorney - he says he cannot make an irrational person act rationally. My question is - can I, the third heir, hire an attorney & fight her accusations & get the estate closed? Could I get a hearing on the personal property & compensation objection & give us our day in court? The Judge made it clear that sometimes clients feel they did not get enough - or want more & the party not negotiating in good faith will "pay" I know this sounds bizarre to the normal person - but my sister is not normal - she is controlling & enjoys inflicting pain & suffering.  There is no way she can "prove" any of her accusations - she claimed $87,000 worth of "items" that were personal property that she made up or went to "antiques.com & looked up.  She doesn't want money as money would end this - she wants to fight over "stuff" and be the center of attention.    Since she won't agree to personal property probate cannot close - since she won't  take the "settlement" are we back to square one? is there a motion that can be filed to force her to take the settlement?  Please......... what can i do? 









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