Igloo572, Only I lived with my gram. I appreciated more then anything and felt lucky that it was me but feel guilty and hurt that I was not with her when she passed. I know she never thought(as I) her kids would be that cruel. I never asked or excepted anything from it, but they treated me like I took advance of her. I do know they did not abide by the will.... Was wondering the atty. who was there that drew it up, is he obligated to the deceased(my gram) or executor(my uncle). That is why I ask how long you have to sign and notarize papers and can I talk with him about it(the will).. Do they ask him(uncle) any question and he to lied to him(atty.) about anything.. Would he not care. Cause if you gonna get your owe atty. then I would tell my mom to just take the $$ and walk away. What I know it will come back full circle on them. I can forgive but never forget cause I learned that from my gram and as I said" I am the lucky/fortunate one". GODBLESS ALL CAREGIVERS : )
Ok so probate is still open. Your mom as a heir and beneficiary needs to hire her own lawyer. It needs to be a probate atty who does litigation with a practice in the county where will was filed & probate opened. It's speciality work. I doubt anyone would do it on contingency as this is a modest estate.
It's not a DIY project for you & mom. I've been executor now 3 times and there is only so much a lay person can do, even if its not your first rodeo as executor and your comfortable in a courthouse or in hearings. Courts are very specific on how documents are done & you need an atty.
If the other heirs are happy, that's not in your favor. If you & your mom lived at Grans house expense & rent-free for 7 years, it may well be that the others view you & your mom got a bundle of benefit by living there. Over & over on this site there will be a caregiver who feels short changed by the terms of the will..... or that family is clueless on what caregiving for 7 years was like. It doesn't matter, only the terms of the will matters. It's a harsh reality.
If you can try to appreciate the time you had with gran that the others will never know.
Your mom needs to get her own atty to contest probate. Otherwise take the $ and move on.
Let me explain this better.... First my uncle was POA( after she passed was executor), he paid the bills and dropped off money once a month for food shopping. I lived with my gram and took care of her and maintained the property(for 7yrs). My gram passed away at the age of 99yrs old and put it this way my uncle and rest of her kids screwed my mom and I, which is a sad story. So I do not trust them at all. When my mother(one of the beneficiary of the estate) first papers received In the court of common pleas orphans' court division IN RE: Estate of deceased one Titled: First and Final Informal Account of my uncles name, Executor of the estate of my gram, deceased... beside the bank account 30,000 that was not mentioned in this... he gets 5,100(executor's fee) and also 2 shares of residue of estate cash 14,305 ( we do have a copy of the will) which my mom does not understand the account of everything(not only with the money) The second papers with that is title: RECEIPT, RELEASE and REFUNDING BOND in this letter said was probated by the register of wills of Northampton co. , PA and letters testamentary were granted to my uncles name and he is proceeding with the administration of said estate.... Now therefore, the said, my moms name intending to be legally bound, agrees as follows....So this is how it starts out.... This is the kind of papers I am talking about..... I hope I explained it a little better......
Freqflyer - well my guess is that if Finallyfree had to post bond, that is something they had to go an deal with / pay for on their own. Atty may give client a list of bondsman but not involved in bonding paperwork. But once bond arranged, bonding sent their completed paperwork to atty who then sent out whatever paperwork to Finallyfree.
If its dependent administration, atty likely to charge more as lots more involved.
As an aside, there's a totally fab amazon series "sneaky Pete" that has characters who do bail bonds. Binge worthy.
Final free - ? So you were / are an executor? And it was a "dependent" administration? (court oversee & requires bond) or Something about you required you to put up a bond to be executor? (like you live in another county, state & probate judge prefers local & if your not, then hello! bond).
Is that it? if so my guess is what the timeframe is depends on where you are in probate process. If probate is just starting......well court not going to be NOT at all pleased that you haven't gotten it done and back so that you can be named executor & Letters Testamentary issued...court may be so displeased that it places an independent court appointed administrator for the estate and you are out. But if probate is over and it's about the court refunding the bond $ you put up, then there's a likely timeframe to get your $ back or it stays in county / court account. That would be whatever state rules are for bond refunding. Its probably also in the fine print on the bond document or you can call the bonding agent (if you need to call bonding co be sure to at the outset tell them it is not criminal bond but a probate personal bond).
Is there a reason why you cannot just call the atty to ask? Or call or even email the court?
Finally free, Favor to ask of you, when all this is resolved, can you do a post to let us know whats what. Thanks, we all learn from each other.
gladimhere, The papers are in re: Estate of ------- Receipt, Release and Refunding Bond...... Just received them on 01/30/17 and the deceased passed away 06/05/16...
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It's not a DIY project for you & mom. I've been executor now 3 times and there is only so much a lay person can do, even if its not your first rodeo as executor and your comfortable in a courthouse or in hearings. Courts are very specific on how documents are done & you need an atty.
If the other heirs are happy, that's not in your favor. If you & your mom lived at Grans house expense & rent-free for 7 years, it may well be that the others view you & your mom got a bundle of benefit by living there. Over & over on this site there will be a caregiver who feels short changed by the terms of the will..... or that family is clueless on what caregiving for 7 years was like. It doesn't matter, only the terms of the will matters. It's a harsh reality.
If you can try to appreciate the time you had with gran that the others will never know.
Your mom needs to get her own atty to contest probate. Otherwise take the $ and move on.
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If its dependent administration, atty likely to charge more as lots more involved.
As an aside, there's a totally fab amazon series "sneaky Pete" that has characters who do bail bonds. Binge worthy.
And it was a "dependent" administration? (court oversee & requires bond)
or
Something about you required you to put up a bond to be executor? (like you live in another county, state & probate judge prefers local & if your not, then hello! bond).
Is that it? if so my guess is what the timeframe is depends on where you are in probate process. If probate is just starting......well court not going to be NOT at all pleased that you haven't gotten it done and back so that you can be named executor & Letters Testamentary issued...court may be so displeased that it places an independent court appointed administrator for the estate and you are out.
But if probate is over and it's about the court refunding the bond $ you put up, then there's a likely timeframe to get your $ back or it stays in county / court account. That would be whatever state rules are for bond refunding. Its probably also in the fine print on the bond document or you can call the bonding agent (if you need to call bonding co be sure to at the outset tell them it is not criminal bond but a probate personal bond).
Is there a reason why you cannot just call the atty to ask?
Or call or even email the court?
Finally free, Favor to ask of you, when all this is resolved, can you do a post to let us know whats what. Thanks, we all learn from each other.
How long? What are they and how long has it been? Ask the attorney if they would still accept them.