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Posted: 10/19/2019 10:08:57 AM EDT
I have done a lot of reading only to come back with a maybe so, I thought someone could give me some past experience as an example.

I will try to keep my sad tale of woe brief and thank you in advance for taking the time to read.

Brother dies in Florida and I try to do the right thing for his family, friends, and state.
I take two weeks of time off to drive 1400 miles there and back to clean out his residence, pay bills, dispose of personal property, give him a proper service and burial, etc.
Rent a trailer to haul his motorcycle, a few parts and a few tools back with me.  (He was a simple guy and really didn't have much of value including a bike with 200k on the odometer)
Hired a lawyer there to initiate probate.
His estranged daughter finally materializes.
She switches lawyers.
I ask for reimbursement and the title to the bike from her and the new lawyer (or she come come and get it).  Total so far, $6k and growing $50 a month for the bike storage.
Tried to stay in contact with her and the lawyer over the last two years + and she goes silent.  (Yes, there was money left behind but, no will)
Lawyer finally sends a check for $1k to cover the burial.  I ask what about the title?  (I was prepared to walk away from the rest bills for this one sentimental item)
He says he contacted her and she will sign it over to me if I send her the title.
I do so with instructions of where to sign, Bill of sale, return with a Letter of administration, and use the prepaid postage envelope I provided.
After a month of back and forth of where is it, he continues to say "all I can do is ask her".
By now I have had enough and filed a claim against the estate that is still open asking for the $5000 (documented) and not contingent on the title.
He finally contacts me and says now HE has the signed title but, will not send it until I send him a signed release of claim.
Basically I am being strong armed for doing the right thing and asking for one small item worth zero in return.
I am prepared to stand my ground and walk away from the bike and the executor can make arrangements to pick it up.

Knowing all this, does anyone think I will recover a dime or should I cave, sign the release?
Link Posted: 10/19/2019 10:21:49 AM EDT
[#1]
Is there money actually left in an account somewhere? If so, stand your ground and ask for either the signed title or all costs incurred by yourself. Don't agree to the lawyers demand, you hold better financial cards then he does. They [daughter and lawyer] know they will come out ahead financially if they sign the title over, they just want to see if they can get everything and pay or give you nothing.

If you can prove with financial statements that you incurred a loss and there is money from the estate, probate court will pay you out of the estate IF there is anything of value.
Link Posted: 10/19/2019 10:54:58 AM EDT
[#2]
From going through his limited records I was able to determine this much.

He had little in savings, retirement funds, etc.
Just prior to his death, he had received an award from a lawsuit of $100k after being run off the road by a car while riding the bike.
I could see he also had accumulated large medical expenses from the accident.
I have no way of knowing accurately what of that money is left after the hospitalization.  Coroner said he died from COPD and I do not know if it is attributable to the accident of if that was pursued.
Since I notified the lawyer early on of the expenses I incurred shouldn't he have considered this too when negotiating the settlements with the other creditors?
I have registered with the county clerk of court and I am waiting for a password and authorization so I can view my claim online.

After I receive access, will I be able to see the net effect of the remains from the lawsuit to determine if there is any money left to cover my claim?
Link Posted: 10/20/2019 6:05:00 PM EDT
[#3]
Sorry about your brother.

Quoted:

Knowing all this, does anyone think I will recover a dime or should I cave, sign the release?
View Quote
I am shocked they have not reported the bike stolen and dimed you, I mean you did not have permission to take the biker at all. It is/was estate property.

Sign the release and GTFO of this mess, and move on with your life.
Link Posted: 10/20/2019 10:31:26 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Sorry about your brother.

I am shocked they have not reported the bike stolen and dimed you, I mean you did not have permission to take the biker at all. It is/was estate property.

Sign the release and GTFO of this mess, and move on with your life.
View Quote
Uh, according to his story, at the time he was the only heir to come forward, he cleaned the decedent's property up, paid final expenses, hired a lawyer for the estate. Seems to me like he was trying to do it right and if another heir stepped forward and switched lawyers after he had done that I don't think it would be considered theft.
Link Posted: 10/20/2019 11:04:27 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Uh, according to his story, at the time he was the only heir to come forward, he cleaned the decedent's property up, paid final expenses, hired a lawyer for the estate. Seems to me like he was trying to do it right and if another heir stepped forward and switched lawyers after he had done that I don't think it would be considered theft.
View Quote
Thank you SigOwner P229.

That is correct.  I was the one that put the lawyers in contact with her.  She was sent personal effects of her father when I got home.  She was offered the option of stepping up or stepping aside and his immediate family would take care of the estate.  She was also offered the bike and tools and I have it in writing.  I only asked that if there was anything left of the settlement that I be reimbursement for my expenses and the rest was hers.

Since the death was unexpected there was no time to wait.  All of this was happening at the time hurricane Irma evacuation and storm hit was happening in August of 2017.  It was pretty stressful and I cannot imagine anyone would not understand the seriousness of these events all happening at the same time.  Family doesn't abandon family, their friends, landlord, and church members who helped me pack all the while facing the same storm threat and problems of there own.

If the estate can't pay me back, even just a percentage, so be it.  I knew that risk going into it but, be honest about it and no one has said that.  The missing money won't hurt me and our lives have still gone on.  However, if they just want to treat me like a patsy and withhold the bike.  Well, I just don't think that's right and a Probate Judge should see that.  I know the executor and her lawyer do not.  Therefore, I do not feel bad about delaying the closing and additional paperwork.

RenegadeX I appreciate your condolences.
Link Posted: 10/20/2019 11:27:24 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Uh, according to his story, at the time he was the only heir to come forward, he cleaned the decedent's property up, paid final expenses, hired a lawyer for the estate. Seems to me like he was trying to do it right and if another heir stepped forward and switched lawyers after he had done that I don't think it would be considered theft.
View Quote
Yes I read that and it was the right thing to do.

I was just giving a worst case scenario that while you might prevail in the end, there could certainly be some costs along the way that could be avoided now.
Link Posted: 10/21/2019 12:20:50 AM EDT
[#7]
I hope it all works out for you OP and I’m sorry for your loss. Following for the education.
Link Posted: 10/27/2019 9:08:26 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

After I receive access, will I be able to see the net effect of the remains from the lawsuit to determine if there is any money left to cover my claim?
View Quote
The county received my notarized request and approved my password for access.  Once I got in and looked around it was pretty disappointing with what I could actually view.  Shows the death certificate but, I already had that.  It has two liens from the hospitals. One has been released already and one has not which is why I expect the probate is still open.  It does show my claim but, nothing specific.  Certainly no dollar amounts on anything and basically just the judges name that is presiding.  So, really nothing really note worthy because I am locked out of all the other files or I have to request those separately.

The executors lawyer was nice enough to file an Objection to Claim.  I have 30 days to bring an Action on the claim unless an extension is agreed to by the court.
If the claimant fails to bring such an action within the time stated, no action or proceeding on the claim may be brought against the personal representatives, and the claim is thereafter forever barred without any court order.

I have done a little research and I don't really find a specific lawsuit that fits.  There was no contract, personal injury, direct damages (other than monetary), etc.  I thought about maybe a mechanics lien of some sort but, that would be a stretch since the executor didn't ask me to be a good brother.  So, I guess it's not illegal to take advantage of your family who have done nothing but, try to help during a bad situation.

Not really sure if there is anything else I can or should do now.  I am certainly not going to hire a lawyer to pursue it further.  Just venting at this point.

Maybe the judge would overrule the objection?  I doubt that will happen.  
Link Posted: 12/3/2019 3:38:44 AM EDT
[#9]
Link Posted: 12/3/2019 2:21:06 PM EDT
[#10]
Thank you for your reply Aimless.  Your opinion means a lot to me.  I will attempt one more time to get them to make some kind of settlement that will include the title AND resolve a portion of the expense.
Link Posted: 2/27/2020 11:33:54 PM EDT
[#11]
My Satisfaction and Release of Claim form has been recorded and I now have 50% reimbursement with the title to the motorcycle in my name.  I wouldn't call it a win but, not a loss either.  
Link Posted: 5/17/2020 12:57:55 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By AtLarge:
My Satisfaction and Release of Claim form has been recorded and I now have 50% reimbursement with the title to the motorcycle in my name.  I wouldn't call it a win but, not a loss either.  
View Quote

some money is better than no money
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