my sister has hired a lawyer because we disagree on the sequence of how we will execute the estate, accounts, personal items, deed, etc.
I’ve spoken to 4 lawyers and there are no specific rules on what order to do things. The person died June 3rd so it has been only over 2 months. She may be planning try to have me removed as co-rep.
I’ve offered a settlement or a plan on how to get everything done in under 48 hours and she refuses to accept because the "deed" is not done last. I don’t see how her lawyer or a court can force me to do the other things needed to be done since there are no rules other than deadlines. The next deadline will be 4 months after the claim period is over which is March 8th. I’m not clear on what she thinks she or her lawyer can do between now and next March.
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
Common is on the right trail. We are co-reps but she’s not getting any of the house, so I need her signature 2 transfer the deed. She wants 2 do the deed last & no other sequence. Probate told me 5 days after the death the deed of distribution could be signed any time but she refuses. She wants her contents-money. The 48 hrs is very legal. She arrives at 1pm, we divide the contents, we change the door locks, she has the keys, we drive to our Uncle’s house, he holds the keys overnight. 10 am with a lawyer appt. we sign the deed. Then go to Uncle, he hands my sister the keys. Then we go to the house & load her rental truck. When it’s loaded with her contents she gives me the keys back. She thinks I’m going 2 change the locks on the doors. She lives 300 miles away so this 48 hour plan, ending with her leaving town the 3rd day at 7am only 2 arrive home at 1pm is 48 hrs from the time she arrives to the time she gets home with her stuff. She insist deed done last and legally that is 7-8-2010
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
so legally, if I went ahead and split the accounts like the beneficiary forms say, and they are IRA’s and have to be closed the same time, and sign off on her contents, she could leave town this month and legally not sign the deed until next July, the deadline to close probate. So, this is my concern that she takes her stuff and walks leaving me with a house I need to sell. I’ve offered to sign any document in front of her witnesses that I will not change locks, and another offer was we pay a lawyer their deed fee and sign the deed. He holds it for 30 days waiting on my sister to give him the go ahead to file it since we have agreed on content division. If we have not agreed, the signed deed is returned to her, the lawyer keeps his fee, and we contitnue to negotiate the division of contents and have to sign a new deed of distribtution. I had a lawyer willing to do this, hold the deed 30 days before filing. She refuses all my offers.
