A house and over $100,000 is involved and my sister is the executrex.
How do I monitor the collection and distrebution of the assets. I'm
seeing a lawyer next week but I thought someone here has been through
this. Am I at the mercy of my sisters honesty??
My step dad Loved Craftsmen tools. besides about 10 different
craftsman toolboxes filled with craftsman tools. He has many early
power hand tools in their metal boxes. Router, belt sander, finish
sander, electric drill, power plane, sabre saw, portable saw.
Also an old Webster/Chicago wire recorder
Bell & Howell 8mm filmo master projector and about 10 reels of film.
A very fancy singer manual sewing machine. foot pedal powered. I
opened it up and their was cloth in it. It still works.
Other than sentimental, I think nothing of value$$.
Thanks for any info
If you can't trust your sister, no amount of advice from strangers is going
to make things any better. Your lawyer and the lawyer for the estate will
take care of things. As executrex she is probably entitled to some fees for
Sort of. These occasions bring out the worst in people. I would ask her
specifically for the tools you want. She probably doesn't need or want them.
My husband only wanted a few things from his parents' estate and he got them,
just an old vise from his grandfather and a glass pitcher, looks like the
Koolaid pitcher. I expected nothing from my mother's estate and got lots of
jewelry, money and rancor from my brothers. Hopefully your sister will be
fair. Best of luck to you!
You are doing the right thing by getting your own lawyer. If necessary, consult
with a few lawyers, and hire the one with whom you feel most comfortable. As
another poster said, sometimes these situations bring out the worst in people,
but I hope that doesn't apply in your case. I think you should tell your sister
exactly what you'd like to have. Make a list of things to talk about with the
lawyer. You should also go to Barnes and Noble or a similar bookstore and buy a
few books on wills and estates so you can be better informed and better able
to discuss things with the attorney. I think you are absolutely right to use as
many resources as possible (friends, acquaintances, Internet, lawyers, etc.)
to help you through this difficult time. One other bit of advice. . . The
lawyer(s) you hire may turn out to be just fine, but I know of some bad
lawyers, so, if you can, teach yourself as much as possible. Resist any
temptation, conscious or unconscious, to relate to the lawyer as a surrogate
parent or family member. Just as patients should be well-informed consumers, so
should legal clients. Every single time I've placed all my trust in a hired
professional and allowed them to do all the work, I've regreted it. Even
though you are paying them, it should still be a collaborative effort. No
matter how good the lawyer (or doctor or accountant) is, you MUST look out for
your own interests. Teach yourself as much as possible. Good luck to you!
Sorry for your loss.
Check with an attorney locally about fees/schedules and procedures for the
"executrix". I am only familiar with Iowa, when my father passed. Everything
that is done must be approved by a judge. She could make the decision that
selling everything and dividing the cash is easier for all. Normal
If there are things that you want or have semimetal value then offer to buy
them at what ever appraised price there is. You will be getting appraisals.
Then deduct the cost from your share of the proceeds. This is going to take
almost a year especially with property involved.
My brother was the executer and we had some bumpy areas. One was Dad's car,
worth about $5000.00 at the time, 15 years ago. We all wanted it. I was
getting drunk one night and was thinking about our nephew and his state of
affairs, married, 2 kids and a Camero. At breakfast I suggested that we the
brothers give the car to the nephew and solve the argument. One brother
agreed immediately the executer agreed buy the end of breakfast.
Best wishes in the coming year.
The first questions are, does a will exist and do you have a copy? If
you are named, then how much is left to you and what is your
your sister? If it's reasonable you could offer to help with the
process and see
what she says. That's by far preferable to you getting a lawyer and
route. If the will is clear, the only property is a house, cash and
and the heirs are agreeable, it should be straightforward.
As executrix, your sister has a lot of power and if you wind up in a
with your sister or there is a challenge from other heirs, etc., you
can quickly burn
up an estate like this in legal fees.
Because my sister was the benificiary of a $77,000 IRA she said I could have
everything in the house. Not that there is that much of value in the house.
So far everythings cool but there is $164,000 in a CD and the house must be
worth $400,000 so there is a lot of money involved. I know this goes on all
the time so I was looking for experiances others may have had. I like to
learn from others mistakes if I can.
Thanks for the input!
Does your sister read newsgroups? If so, watch out.
The executor will need to document transactions, so that would be
available. You might have gotten a good deal. When my mom passed away,
her tool collection drew the most interest. She was a hobbyist and had
her own workshop. We had nothing of an antique nature, just good stuff.
It sounds as if you have a very large collection. "Old" can mean no
longer made, or it can mean highly valuable antique. Don't make any
deals until you know what you have. I know from my antiquing days that
many autioneers have a following of collectors of certain items, and
that some have a large following who will travel far and pay very well
to get items they want. Try to find some autioneers and check out a
couple of sales if you can find some with similar items. Published
price guides have never been reliable, IMO. Check out Ebay and some
How much would a Craftsman toolbox, full of tools, cost to replace?
I learned recently, doing genealogy, that photos of my great grandfather
are selling on Ebay - photo of him in uniform, and badge collectors buy
Just some observations as an executor.
Did he leave a will? Is she a full or half sister or step sister?
Depending on the answer to these questions, you or she may be entitled
If there is a will, the executrix must follow his instructions. There
can be no negotiations. She must divide his possessions as he wished.
Beneficiaries can accept or refuse. If you refuse an item, it reverts
back to the estate. Negotiations or trades can be made between
recipients after division of the estate.
Seek legal advice. Be extremely careful about starting any adversarial
legal action. The executrix's normal legal expenses are deducted from
the estate before division. The exception is illegal action on her
part. She would have to defend herself in that case. If you suspect
any shady business, you can simply ask the probate court to look into
it. No cost to you.
Good advice. I've known some pretty decent families split over what
happens after death of parents. Accept that there are lots of emotions
coming into play, emotional value of certain posessions with little
monetary value. If things get rough, remember that (sure seems like it)
your step-dad may have taken great pains to leave what he believed was
of most value to you and not split in half to the penny. Would have
been easier to say "sell it all, give each half". Your step dad left
you all of his tools? That speaks volumes to me :o) Good luck!
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