AboutDavid Hollingsworth Expertise I have quite a bit of experience in the field of Probate in Central Indiana along with general areas of civil law. I do not answer question regarding crimminal law or misdemeanors.
Question QUESTION: i am a co-executor on my fathers will, once everything has been appraised, RV, cars, home, contents of the home and personal item, which everything is paid for, will i be allowed to take from the home everything that is willed to me? and can we divide what is left and take that as well? thank you for all your information!
ANSWER: If the estate is unsupervised you could have taken it all the day after you were appointed. This also assumes you take no more than what is yours. If the estate is supervised supervised it could be a two step process. First you should get a consent to the distribution signed by all the heirs and your co-executor and then have your attorney file a petition with a proposed order allowing the distribution of the personal property. Unless there is someone objecting or refuses to sign the consent then there is no reason to think that the court would not sign the order. It seems strange that the estate attorney has not explained all of this. I bet he or she explained the fee arrangement though. JDH
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QUESTION: MY dads estate is unsupervised. we have already split the remaining items up and had papers notorized of who gets what, although they are still in the home. The other co-executor is my dads wife, everything is in my dads name because she didnt contribute to the home, only to her adult kids. 2 weeks after my dad had passed away, I called the utility companies to let them know about my dad, they said as long as the bills were being paid by auto draft right out of his account they will not terminate service.....well, they did terminate. now his wife is mad and said I am no longer able to be in the home. 1. can she keep me out of the home? My dad wanted the house to be sold, 2. so does she have a time limit to vacate the home or can we charge her rent if she chooses to stay? We know the home will sell better if there is furniture in the home, but if i am no longer able to be there, i would like to get what dad wanted me to have. 3. my dad has a 2002 PT cruiser that is extremely modified, this was just a hobby car, not a classic, but very nice. any information about this will help alot. thank you again, and you were right about the attorneys fee.
Answer She cannot keep you out but you are heading for a supervised estate and the costs are going to sky rocket. Get a realtor and put it up for sale. I assume that is what the will says to do. She does have a widows claim but that is cash only. The rent question is tough. If you can actively solicit an offer while she is in there is really no reason to charge rent. Your problem is the sales price. As an unsupervised estate you can set the price at whatever you want but with her being the co-executrix she will have to approve. If not again you are heading to a supervised estate. Why are you not asking these questions of your attorney. Ethically without knowing all the idiosyncrecies of the estate my advise may be worth nothing because of parts of the will may preclude what I am telling you. YOu may want it supervised just to get things done. I urge you to pose these questions to your attorney then keep asking why. Once you feel you are getting valid answers and have questions of me then come back with the new questions. The car is the same problem. What does the will say. I really cannot tell you anymore without knowing what the will does or instructs.
