Thank for your responses to my questions. I have now learned further information regarding the Decedents drafting Attorney, now the successor Trustee's Attorney, and wonder if these facts would change your previous answers:
#1: The Attorney is also the Fidiciuary. I was told this was normal & that he will be responsible in completing & filing all financial documents, e.g. the Estate Taxes, & specifically the IRS Form 706.
#2: Both my sister's receive copies, if not the actual billing from this Attorney. I do not now, nor have I ever been prevy to these statements.
With the exception of the first billing my sister shared with me in an effort to dissuade me to not hire an Attorney to act on my behalf, by showing me the exorburant costs of Attorney's fees(?).
#3: Within that statement, numerous billing costs were due to "conversations" with my sisters. And to date I've not been prevy to the contents of those conversations.
#4. The Trustee & Attorney have both made submittals into Probate Court, which I don't understand due to the contents within the drafted Will & Trust, & my "limited" knowledge of my Mother's Estate Assets:
A. She owned no real-property, unless a Mortgage Bond, Series E(?), would qualify as real property. (I was told it did not).
B. She had no outstanding debts or liens.
C. She had no Employee Pension or Retirement Fund.
D. Her paid up "Universal" Life Insurance policy, effectuated, June, 1968, my sister's & I beneficiaries, had total proceeds of less then $10,000.00.
E. Her Will named the Successor Trustee.
Waived any Bond by Trustee.
Requested all Cash & Principle Income
be distributed to us, after funeral costs
medical bills & creditors, if any, be
be paid.
F. The Will included a "Pour-over" clause.
If there wasn't any property which needed to be transferred, why would any submittals be made into Probate? Isn't the point of setting up a Living Trust to avoid Probate?
What was the Attorney's reason in submitting a sealed inventory into Probate, which represented less then .0013% of the Estates disclosed Value?
(Was told it was mandated to ensure funds if unknown Creditor's appear after receiving notice(?)...if they're unknown, how can amounts owed be qualified with submitting a set amount, as "Inventory"?
Lastly, both Trustee & Fidicuary permitted one sister to withdraw over $165,000.00 from a checking account, not held jointly, nor with any POD & gave my Mother's engagement ring, FMV appraisal of $350,000.00 to my other sister, under the undocumented premise it was a "Gift", charging the tax conseqeunces to the Estate, although it is clearly written that any tax liability from "Gifts" that may be given, by means of another document, created and signed by her, would be the sole responsibility of the "Giftee", not the Estate. More frustrating is the fact that they both maintain no Gift Tax IRS Form 709 needs to be submitted even though IRS topics on this subject state the need to do so, when the life time exclusion exceeds the maximum exemption, or annual gifting exceeds the current $12,000.00, per individual. Wouldn't the later apply since as a "Gift" from my Mother would imply she was alive at the time of "Gifting".(Trustee has stated, via email it was not a Death-bed Gift).
After knowing these additional facts do you still think there is not any wrong doing, or favoritism by the Attorney, or Trustee? Is it an issue thatthey have NOT followed the clear directives of my Mother's Will, (submitted into Probate), or the written Trust Instrument written by same attorney, to equally divide all of her Estate amoung her three daughters, unless there is another signed document, that might alter distribution in unequal shares of her Estate. I was told no documents were presented which would alter the original Will & Trust.
And if it's only "routine" in entering into Probate Court why do so many individual's spend the time & money to set up Living Trusts, which have no actual value or Tax consequences, until death, in their sincere efforts to avoid Probate Court?
I thank you in advance & with apppreciation for your response to my questions.