Legal Question in Wills and Trusts in Wisconsin

Loans owed by relative to decedent

My father died in 2001 and left everything to my mother who had alzheimers for the last 6 years who died in May, 2006 in Brown County.My parents loaned my brother almost $50,000 evidenced by written notes signed by him with interest and terms of repayment and he refused to pay them but he testified in his divorce trial he owed them and said he expected the debt to be paid from his inheritance. Now the principal and interest has accumulated to over $262,000 and he said his father forgave it before he died, which he can't prove. The nominated PR is his brother who refuses to make an inventory of my mother's estate and is holding over $40,000 jewelry in his safe. My sister who was DPOA never notified the bank of my mother's death and has not had the bank account frozen. I believe the trustee has improperly paid over $6600 for legal fees to defend the DPOA from doing an accounting for her expenditures of over $142,000 the trustee paid her without any accounting for the last 4 years to care for my mother.The trustee refuses to close the bank account, he refuses to take possession of the jewelry and has told the Register in probate that there are no assets to probate. What do I do?


Asked on 8/11/06, 10:54 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Loans owed by relative to decedent

Hello,

One option you have is to file a claim yourself in court or with the registar in probate. The other is to give up and walk away. A third is to hire an attorney. I cannot say based on an email message whether you will be able to recover any money or not. However, an attorney should be able to find out the facts and determine that.

Best wishes,

Mark J. Mahoney

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Answered on 8/13/06, 4:38 pm


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