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  Tennessee Legal Forum  Tennessee  Wills & Probate  last will and testament
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New Post 11/30/2007 11:43 PM
User is offline sosad
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last will and testament 
Modified By sosad  on 12/1/2007 12:49:48 AM)

My Granddaddy passed away in Jan 2004. My Aunt was named executrix in his will. My grandparents left us specific instructions for how their estate was to be handled and their will stated such specifics. The contents were to be divided among the family, the home and 10 acres was to be sold, and all their assets were to be divided up into thirds, my Aunt, my Uncle, and my Dad who is deceased, his third was to be divided between my brother and myself. During our first meeting with my Aunt's lawyer he informed us up front that he worked for her and none of the rest of us. He also informed us that my Aunt did not have to by law include the annuity money or the checking account into the estate that legally that was her money. My Aunt stopped him and told all of us that she knew what her parents would want her to do and that was abide by the will. I don't believe anyone at the table knew that the beneficiary and her name being jointly on the checking account would override the will and I know my grandparents believed that their will would be the final say. We were all on speaking terms at that point but were made aware at all times from my Aunt that she didn't have to give us that money. She signed away her rights to the annuity and took her third out immediately and went ahead and gave out the nontaxable part of the annuity which equaled to about 168,000. The rest of that two thirds has been sitting in an estate account earning 0 interest and is at about $85,000. Right after Granddaddy passed she and my other Aunt and Uncle cleared my grandparents home within 2 months of his passing. I agreed to this under the terms that she was just moving everything to her basement and we would go through it later, I was 7 months pregnant at the time of Granddaddy's death and on strict bed rest. That later has never came. She then proceeded to move my brother, his wife, and baby into the home with the agreement that he just had to pay the utilities. I got a 5 minute heads up that they were going to offer the house to him from my Aunt moments before my Uncle made hime the offer. I expressed serious concern about him moving in to my Aunt, and questioned how long the court would allow the house to sit. She reassured me that this was for the best and my Uncle never discussed it with me. My brother lived there for one year and caused about 8500 worth of damage, somewhere in there is 5000 paid to my other Aunt for her help in cleaning up his mess. My brother also borrowed 4000 against his portion and has agreed to have his debt taken from his portion of the estate. After the 2nd year and repeated questions to my Aunt about the house not being sold and why aren't the courts stepping in I decided to ask a lawyer, I hired that lawyer, since she said that the amount of time that this estate has been open is unheard of. She petitioned the auction of the house and since then my Aunt has not spoke with me. The house was listed at 399,900 when it was first listed, my aunt spent a lot of money getting it ready for sale and keeping it open for all this time electric bills and gas bills add up even when it is sitting empty. She never hired an inspector to come in. She just did what she thought she should do, which in the end cost us money. The house had a contract on it at 380,000, but wouldn't pass inspection so the buyer pulled out. They then dropped the price to 350,000 and a Lao Buddhist temple bought it with a few stipulations that the house did pass. My Aunt has now decided that she now wants reimbursement for the 70,000 that was spent out of the checking account, because legally that was her money. While at the first meeting with her lawyer she said that she was going to manage the estate using that money, and that is what she did, she kept impecable books. I wouldn't have ever argued the fact that she had to spend that money on ongoing expenses of the estate, like my Granddaddy's funeral, the gas, electric, fixing my brothers mess, getting the house ready to sell, new roof, A/C, etc.... But one it was excessive because of how long her and her attorney allowed this to go on, but that wasn't her money that she was spending and it's not her money that is paying it back. I am so very frustrated, She wants what is left in the annuity money to reimburse her, my lawyer asked me if my Uncle would say anything, but I am certain she will be splitting it with him. I feel like she is legally stealing money. My lawyer says I have no grounds and that all she can object to is high lawyer fees and that he got payment before getting permission to get payment. She also informed me that if I wanted a more aggressive attorney that that would run me about 5000 and that the end result would be the same, there is nothing I can do. Help

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  Tennessee Legal Forum  Tennessee  Wills & Probate  last will and testament