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You will have to respond to the suit with a lawyer. If you are the executor of the will the money will likely be paid for by the estate to defend the will as written. See a lawyer at once.
I hope it's an estate valued for a lot of money because usually in these cases the lawyers are the winners when a will is contested. Most contested will cases are rarely won. Just being left out of a will is not a legally contestable action. Yet many lawyers will take the case anyway.
What can be done with paperwork can be undone by more paperwork.
See a lawyer, probate can take years, so you will want to settle out of court with the help of your attorney, imo.
What has your question to do with elder abuse? Care to explain? (Not a requirement.)
If the lawsuit involves preventing you from receiving funds in order to live that are due to you, promised to you, ask your attorney to petition the estate, through the courts. imo.
Jackirae, assets that transfer directly don't have to be probated, but there may be other assets that aren't directly transferred, and would require probate.
You need to find a probate attorney who does litigation AND does defense work as well.
Most probate guys do not do litigation. It’s speciality work. If other family who have “standing” or think they should be or were named as a heir for your moms estate & are actually challenging the will &/or you as Executor / Administrator of mom’s estate, you have to have your own atty that does litigation to represent you. And you want one who has a partner that does civil defense work if they don’t do that.
If they actually have filed a civil, what is it abt?…. removing your from Adminstration of estate &/or seeking $/property from you? What harm did you supposedly do (this will be in the paperwork)?
Probate isn’t necessarily difficult in my experience but it is very very specific for time frame AND formatting AND requirements for filing documents, Notices, requests, orders. Rarely DIY to get properly done.
Please pls pls find an attorney & let them deal with this asap
As an aside, I’ve been an executor x 3 and found that challenging a valid will entered in probate court (PC) tends not to happen. It usually is a bluff or is crosstalk by family who are under the illusion that there is serious $$$$ when in fact $$$ has been spent over time for care & costs of living and now there r $ debts. That the assets that a will written back in 2005 was based on simply no longer exists….. that challengers are clueless that “Wealthy Aunt Jane” actually died with a termite damaged house valued at 150k, 10k in savings, gave her good jewelry away ages ago and 185k in debt. Civil suit based on illusion assets tend to fall apart once discovery happens but will cost everyone attorney fees.
If you know they actually will follow thru on challenging you and have actually filed a civil suit against you, follow your attys advice.
If you are living in the home that is an asset of the Estate, please clearly speak with your atty as to what $ in the “Estate Of” bank account can be used for. Usually Estate funds can pay for property taxes, property insurance, regular maintenance (like yard service), necessary repairs. But utilities, cable, phone, internet, groceries, are all on whomever living in the house to pay out of their own pocket. You cannot be using estate funds to pay your own debts or your costs of living. Unless the Estate has $$ and the will specifically has a fee structure that the Executor is paid from or can draw from; or your state has a set % paid from Estate assets allowed, you are likely to be doing & paying for the whatever’s needed to complete Executorship from your own purse and out of a sense of familial responsibility. When the final distribution is done & approved, it’s mainly then when the Executor gets compensation /reimbursement
I’ve sat in PC more times than I can count and Executor using estate $ to pay their own bills - even if Exec didn’t understand that was a big no - is reason for changing the Executor / Administration of the estate to a Dependent Administration requiring judges signature before any $ used. Legal bills if this happens will get seriously high.
Now if there is no valid will, that imo is a whole other hot mess. That’s lineal heirship territory & imo must be done by an attorney who specializes in lineal. It cannot be DIY due to how Notices and Call Outs to establish heirs has to be done. Your state laws on lineal & property rights very much determines the outcome. I’m in Louisiana and we’re French law based which gives standing to all heirs even illegitimate or punitive. No way to ever DIY a lineal.
If Medicaid was involved in paying for their care, that’s a whole other layer atop all this. Even if a home was TOD unless in a handful of states that allow enhanced benefit deed.
Igloo, as always, very insightful and helpful advice, especially addressing the important issue that typically probate attorneys aren't involved in probate litigation. The issue of allowable expenses is equally important .
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
And yes you will have to hire a lawyer too.
See a lawyer, probate can take years, so you will want to settle out of court with the help of your attorney, imo.
What has your question to do with elder abuse? Care to explain? (Not a requirement.)
If the lawsuit involves preventing you from receiving funds in order to live that are due to you, promised to you, ask your attorney to petition the estate, through the courts. imo.
”What can be done by paperwork can be undone by more paperwork”
https://www.agingcare.com/questions/will-a-court-treat-my-siblings-accusations-seriously-470693.htm
There are a lot of issues in this situation.
Most probate guys do not do litigation. It’s speciality work. If other family who have “standing” or think they should be or were named as a heir for your moms estate & are actually challenging the will &/or you as Executor / Administrator of mom’s estate, you have to have your own atty that does litigation to represent you. And you want one who has a partner that does civil defense work if they don’t do that.
If they actually have filed a civil, what is it abt?…. removing your from Adminstration of estate &/or seeking $/property from you? What harm did you supposedly do (this will be in the paperwork)?
Probate isn’t necessarily difficult in my experience but it is very very specific for time frame AND formatting AND requirements for filing documents, Notices, requests, orders. Rarely DIY to get properly done.
Please pls pls find an attorney & let them deal with this asap
As an aside, I’ve been an executor x 3 and found that challenging a valid will entered in probate court (PC) tends not to happen. It usually is a bluff or is crosstalk by family who are under the illusion that there is serious $$$$ when in fact $$$ has been spent over time for care & costs of living and now there r $ debts. That the assets that a will written back in 2005 was based on simply no longer exists….. that challengers are clueless that “Wealthy Aunt Jane” actually died with a termite damaged house valued at 150k, 10k in savings, gave her good jewelry away ages ago and 185k in debt. Civil suit based on illusion assets tend to fall apart once discovery happens but will cost everyone attorney fees.
If you know they actually will follow thru on challenging you and have actually filed a civil suit against you, follow your attys advice.
If you are living in the home that is an asset of the Estate, please clearly speak with your atty as to what $ in the “Estate Of” bank account can be used for. Usually Estate funds can pay for property taxes, property insurance, regular maintenance (like yard service), necessary repairs. But utilities, cable, phone, internet, groceries, are all on whomever living in the house to pay out of their own pocket. You cannot be using estate funds to pay your own debts or your costs of living. Unless the Estate has $$ and the will specifically has a fee structure that the Executor is paid from or can draw from; or your state has a set % paid from Estate assets allowed, you are likely to be doing & paying for the whatever’s needed to complete Executorship from your own purse and out of a sense of familial responsibility. When the final distribution is done & approved, it’s mainly then when the Executor gets compensation /reimbursement
I’ve sat in PC more times than I can count and Executor using estate $ to pay their own bills - even if Exec didn’t understand that was a big no - is reason for changing the Executor / Administration of the estate to a Dependent Administration requiring judges signature before any $ used. Legal bills if this happens will get seriously high.
Now if there is no valid will, that imo is a whole other hot mess.
That’s lineal heirship territory & imo must be done by an attorney who specializes in lineal. It cannot be DIY due to how Notices and Call Outs to establish heirs has to be done. Your state laws on lineal & property rights very much determines the outcome. I’m in Louisiana and we’re French law based which gives standing to all heirs even illegitimate or punitive. No way to ever DIY a lineal.
If Medicaid was involved in paying for their care, that’s a whole other layer atop all this. Even if a home was TOD unless in a handful of states that allow enhanced benefit deed.
important issue that typically probate attorneys aren't involved in probate litigation. The issue of allowable expenses is equally important .