<p>My suggestion in situations like this, is to try mediation which is a lot less expensive and much more informal. No attorney, including myself, wants to get involved with this sort of thing. There is no upside. It is not something that is going to generate substantial billable hours and frankly, with people like this you are probably going to have to chase them to get your bill paid.</p>
<p><<<
His loan with his sister is a completely separate matter which should be dealt with separately, not mixed up together.</p>
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<p>This is what we were thinking. After all, if H or the other brother or one of the sisters were the executor, there would be no discussion. This BIL just happens to be the “accts mgr.”</p>
<p>Not related to this particular issue, but related to MIL’s passing and how weird H’s family can be…guess how we were informed of her death? By text…at 10:25 in the morning. She had died the evening before around 8:30 pm. (we’re in the same time zone, so no issues with that)</p>
<p>BIL sent us the text. WHO THE HECK texts someone to tell them that their mom has died??!! </p>
<p>Cobrat,
Maybe you can consider, just for once, to stop being so angry at people with perceived authority and give them the benefit of the doubt. Maybe, just maybe, the brother suggested it and then got the knee jerk response from the sibling. Or maybe he proposed it and the sister was skeeved and complained to another sibling and thats what we are hearing. </p>
<p>Harvestmoon,
I agree, and hopefully it could be resolved without even having to go to formal mediation. And wouldn’t you take a retainer in these kind of cases since there is concern for nonpayment?</p>
<p>Post 141… Wow! A text!</p>
<p>There are many issues in your family, momof2collegekids. Sorry.</p>
<p>Yes, but how often does the retainer ever cover the total hours billed? </p>
<p>eww, m2ck. Death notice by text??? Good grief. That reminds me of an old joke about a guy that rings the doorbell and when the lady answers it, she sees a guy delivering a telegram. She says with glee " ooh, I’ve never received a singing telegram- will you sing it to me?" The currier responds" Ta da da dum de dum… your sister Rose is dead…!"</p>
<p>@dstark
Not MY family…H’s family…let’s be clear about that! lol </p>
<p>And stop being so mean to Cobrat. 
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<p>Harvestmoon, depending on which side you represent, can you write in the retainer agreement that the balance of your bill is to be paid from the estate before it is distributed to the party who retained you?</p>
<p>Lol!!!</p>
<p>Not being mean- trying to see if he can ever unhook from that longstanding belief that anyone in a position of authority is ergo (in his words) controlling, strong armed, bossy, odious, conniving, unfit, or whatever negative attribute is ascribed to such person. I prefer to follow Anne Frank’s thinking, that some people are good at heart.</p>
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<p>Not only was it unbelievable, but her death wasn’t thought to be imminent at all. So, when H glanced at his phone, that was the last thing he was expecting to see. </p>
<p>To be honest jym trust and estates are not my area of expertise, but in this situation is appears the assets are outside the estate and held in joint accounts. Sure an attorney could attach a bank account for payment of fees, but who wants to go through that hassle?</p>
<p>This is why I prefer corporate clients. </p>
<p>So… as far as I can tell from these posts, this account isn’t actually part of the estate. It appears that the siblings are somehow joint on the account. Typically this would mean that the accounts is NOT part of the estate, it is the property of the joint owners (depending on how the account is titled). So BIL’s position as “executor” (even if he has legally been named to the position by the court) doesn’t even enter in to this. Without more information on how the account is titled, it is impossible to say what legal rights (if any) the sister has to the money.</p>
<p>Was just thinking, harvestmoon, that if they wanted to assure payment that they could somehow be sure they were paid out of the settlement disbursement. Just a thought. My brother tried to waste the estate’s money with legal wranglings, and at one point harassing the trust attorney directly (threatening to take him to small claims court of all things) rather than contacting his own attorney to communicate with the trust atty. I was not going to waste the trusts money and did not want to deal with my brother any more than I had to. Sometimes its just not worth the aggravation.But thats another story. requires a shot of good bourbon.</p>
<p>Mom2,
Well it seems that brother is not gifted with good communication skills, thats for sure!</p>
<p>Again…this doesn’t even seem to be “estate” money. It is money that belongs in some way to all the siblings on the account, depending on how the account is titled. They aren’t heirs to this money, or entitled to any legal protections against the personal representative mishandling the funds. In legal terms, this has nothing to do with the estate.</p>
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<p>There is some truth to this, but we don’t know enough. I’d like to know if there is any interest, and what is the rate. Also what is the repayment term.</p>
<p>If the sister has a below market deal, with better terms than she could get from a bank, which is quite possible, but unknown based on what is disclosed to us, then she ought to think about paying some of it back early, IMO. My guess is that its a better deal than she could get elsewhere, so its not really a “business deal”. If not, why borrow from your brother in the first place? Also, I have a sense that there is a lingering resentment here that there was an agreement drawn up in the first place.</p>
<p>OP, do you know if there is interest and what the rate is. Inquiiring posters (1 at least ) are wondering. 
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<p>“I prefer to follow Anne Frank’s thinking, that some people are good at heart.”</p>
<p>I am with you on that jym. I prefer that way of thinking myself. But when you are in my line of work you see all the time that trusting people who give others a break often end up being trounced on. I have come to believe that old adage: “Givers have to set boundaries because takers rarely do.”</p>
<p>That is a good adage, Harvestmoon. I also like to pick my battles, but cut my losses.</p>
<p>dadx,
Count me in as one also curious about the terms of the loan (duration, interest rate, etc).</p>