I know all the terms of a will have to be executed by the personal representative by a certain date so as to close probate, but do any beneficiaries have more rights to ownership than others?
Here is the situation. There are two personal representatives.
They are also co-beneficiaries on the "personal property" only. (2 vehicles, furniture, etc.)
Then outside the will there were pay on death and transfer on death and the two beneficiaries are each receiving 50% of the accounts as designated by the deceased.
The house is being left to only one of the beneficiaries. Not fair? Maybe somewhat but the other beneficiary will be inheriting the other parents house. And the one receiving the home now, is on social security income only whereas the other beneficiary has a household income of over $100K with no kids and a great pension plan, so this is why the parents did what they did. The father left his house to the poverty income child and the mother will leave her house to the other child.
Both beneficiaries have lawyers and they have done nothing but transmit proposals back and forth between the parties since September with no results except $1500 in legal fees.
The argument in that the beneficiary that is not receving the house, will only sign over the deed "after" the personal property has been divided by their desired method and to their satisfaction.
Is the personal property and the deed two different events and not to be used as leverage for the other? The one getting the house is being denied ownership until they submit to the demands of the other personal representative on the personal property.
In my state the law says, when there are more than 1 executor, they shall agree on all parts of the execution of the will including the order to do things. Neither has missed a deadline, or failed the dees and the claims period is over so no real violations of probate rules.
The one getting the deed was never invited to a two person meeting to discuss how the will would be executed. They were TOLD how it would be done by the other. Their exact words were "I'm most comfortable doing the deed last." and that rule from June 2009 is still the argument.
The will transfers the deed so there is no question who will get the house. But, there is the matter of the deed of distribution confirms the transfer and this form has to be signed by both reps.
If this matter goes to court does the beneficiary of the house have more legs to stand on?
Why should the deed being recorded be dependent on a certain method of dividing to one person's satisfaction? as if the deed is a carrot on a string.
Neither wants to initiate a court hearing due to cost. But with July 8th being the deadline to close probate, time is running out and:
1. one wants the deed filed, or at least the deed of distribution to be in their possession and they wil hold it and file it once the property is divided and gone on the moving truck.
2. one wants the dividing to be done their way and to their satisfaction before they'll turn over their signature page for the deed.
If you are a probate judge or lawyer what is your opinions on which rep. is making the rules and which is to blame? As you might expect the one to get the house is taking 50% responsibility for the delays in executing the estate, and the other one blames the house getter 100% by not meeting to divide personal property.
Here is the situation. There are two personal representatives.
They are also co-beneficiaries on the "personal property" only. (2 vehicles, furniture, etc.)
Then outside the will there were pay on death and transfer on death and the two beneficiaries are each receiving 50% of the accounts as designated by the deceased.
The house is being left to only one of the beneficiaries. Not fair? Maybe somewhat but the other beneficiary will be inheriting the other parents house. And the one receiving the home now, is on social security income only whereas the other beneficiary has a household income of over $100K with no kids and a great pension plan, so this is why the parents did what they did. The father left his house to the poverty income child and the mother will leave her house to the other child.
Both beneficiaries have lawyers and they have done nothing but transmit proposals back and forth between the parties since September with no results except $1500 in legal fees.
The argument in that the beneficiary that is not receving the house, will only sign over the deed "after" the personal property has been divided by their desired method and to their satisfaction.
Is the personal property and the deed two different events and not to be used as leverage for the other? The one getting the house is being denied ownership until they submit to the demands of the other personal representative on the personal property.
In my state the law says, when there are more than 1 executor, they shall agree on all parts of the execution of the will including the order to do things. Neither has missed a deadline, or failed the dees and the claims period is over so no real violations of probate rules.
The one getting the deed was never invited to a two person meeting to discuss how the will would be executed. They were TOLD how it would be done by the other. Their exact words were "I'm most comfortable doing the deed last." and that rule from June 2009 is still the argument.
The will transfers the deed so there is no question who will get the house. But, there is the matter of the deed of distribution confirms the transfer and this form has to be signed by both reps.
If this matter goes to court does the beneficiary of the house have more legs to stand on?
Why should the deed being recorded be dependent on a certain method of dividing to one person's satisfaction? as if the deed is a carrot on a string.
Neither wants to initiate a court hearing due to cost. But with July 8th being the deadline to close probate, time is running out and:
1. one wants the deed filed, or at least the deed of distribution to be in their possession and they wil hold it and file it once the property is divided and gone on the moving truck.
2. one wants the dividing to be done their way and to their satisfaction before they'll turn over their signature page for the deed.
If you are a probate judge or lawyer what is your opinions on which rep. is making the rules and which is to blame? As you might expect the one to get the house is taking 50% responsibility for the delays in executing the estate, and the other one blames the house getter 100% by not meeting to divide personal property.