Probate is over but got a letter from cousins lawyer (funds, pay)
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My Uncle died without a will, had no children, so we were given a share of the house sale proceeds. This is in California. I used one of those estate research lawyers & they took 15%. Now some cousins in a different state, want part of the money. They did not engage the estate lawyers, even though I gave them the contact info. They have now hired a lawyer & are asking for their share.
Shouldn't they be suing the executor? I think at one stage, she ( executor) tried to get all of my side of the family off of the probate, because she felt it was all hers ( blood relative to Uncle) My side was related to his deceased wife. In any case, it seems that only those who had retained the estate lawyer got payments.
Furthermore, some of hte money was sent overseas to family who live there.
I really don't want to pay them anything, am I right in thinking they would have to sue me personally to get the money? According to the documents they want me to give them around $25,000.
Yes & we got the money after probate. They are claiming they did not know that probate was over & that they were excluded. I feel it is not my fault if they were too cheap to retain a lawyer for the probate court.
The suite should be against the estate and the executor would have to handle.
Look up the intestate laws for the state he lived in. This will tell you how the money gets divided.
They should not have to retain an attorney to be included in the estate distributions if they should have gotten a distribution. Properly distributing the money is the duty of the executor.
My assumption is that the attorney they hired would have told them if they did not have a valid claim. It is possible if the money was incorrectly distributed to you, you would have to return it to the estate and the estate would pay them.
My Uncle died without a will, had no children, so we were given a share of the house sale proceeds. This is in California. I used one of those estate research lawyers & they took 15%. Now some cousins in a different state, want part of the money. They did not engage the estate lawyers, even though I gave them the contact info. They have now hired a lawyer & are asking for their share.
Shouldn't they be suing the executor? I think at one stage, she ( executor) tried to get all of my side of the family off of the probate, because she felt it was all hers ( blood relative to Uncle) My side was related to his deceased wife. In any case, it seems that only those who had retained the estate lawyer got payments.
Furthermore, some of hte money was sent overseas to family who live there.
I really don't want to pay them anything, am I right in thinking they would have to sue me personally to get the money? According to the documents they want me to give them around $25,000.
You're pretty vague about how they have told you they want this money. You only mention "the documents." Was it a letter from a law firm, or were you served with a summons in a lawsuit? If the latter, you have only a short period of time within which to file your response, or the cousins may win by default. If you have been sued, you need to hire a lawyer like yesterday.
It is a letter from their lawyer, saying they should have received money from the estate. I think the executor should be responsible for this, as I had no control over who got what. As he died without a will, they would have a right to a share of the money, I don't know why she (executor) dropped them.
The executor should be responsible but the only way to pay for it would be to claw back monies from those who received it unless there are enough undistributed funds to cover the extra share
From what you have said, I wouldn't respond. It's not your concern at the moment. A judge approved what you received. A judge has to approve any amount to be returned (if it ever comes to that).
It is a letter from their lawyer, saying they should have received money from the estate. I think the executor should be responsible for this, as I had no control over who got what. As he died without a will, they would have a right to a share of the money, I don't know why she (executor) dropped them.
I'd seek counseling just to be safe. But, I think their lawyer is just trying to play on your ignorance....He should know that they need to contact the executor....And obviously they didn't do it in timely manner. I'm not attorney...But I do not believe that you are on the hook for anything. But cover your butt....get a consult, take that letter with you.
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