[m-w] Re: FW: DOCS
- From: "Michael R. Martin" <drsewnsew@xxxxxxxxxxx>
- To: <m-w@xxxxxxxxxxxxx>
- Date: Sat, 20 Jun 2009 13:58:31 -0500
Don't anybody sign ANYTHING! The lawyer advised me to get everyone to sign off,
making me the executor to make it easier and cheaper to probate.
The annuity was left to me in the will in it's entirety, I shared it as a will
of good faith toward all. I'll be the only one taxed on it, thus the
withholding. Maybe I shouldn't have shared and kept it ALL. My mistake.
I will contact the lawyer and have him send me all the paperwork so I can
forward it to Kathi. She seems to have all the questions and I can't answer
them all, so I'm all about sending it to her to deal with from Denver. Anyone
disagree? I'm through dealing with all this. If anyone on this list has any
questions, comments or inputs, Call me on my cell. I talk Much better than I
type.
Michael R. Martin
713-857-7952
Date: Fri, 19 Jun 2009 16:24:14 -0600
Subject: [m-w] Re: FW: DOCS
From: kathi.pieper@xxxxxxxxx
To: m-w@xxxxxxxxxxxxx
I learned the hard lesson long ago not to do something just because someone
told me I should. I want information before I sign anything. What are these
forms we just got? What are we agreeing to? It appears to me that we are
granting Mike the right to be the independent administrator of the estate -
what voice will we have after these forms are filed? What are the plans for
the house and property? Are we hoping to sell to Paula/Coco? The appraisal
that we did was appearing to be a good thing. However, if we sell for more
than that appraisal, we will have to pay capital gains on the difference based
on what I read.
I am really tiring of getting short cryptic messages from Michael without any
additional explanation. Does that mean there is no question by anyone on
whether or not Mike is the best choice as executor? I never heard opinions
from Karen or Diana on how they felt about who should be the executor. It is
fine if they don't have an opinion but I don't think running off willy nilly is
quite the right approach. If all agree it should be Mike, that is fine with me
as long as I get information to make informed decisions. Does Diana know how
to "change as needed?" My understanding was that this m-w freelist was set up
so everybody would be able to see what is going on without having to make
umpteen phone calls back and forth. It will work quite well if everybody will
participate. I got responses from Dan and Sandy and that was great. Karen and
Diana need to speak up. This thing is about to be like a freight train rolling
downhill and everyone needs to be involved or it will be too late to change.
I also need the following information for my files. I found out that if I am
audited either by the investigators here for my security clearance or by other
entities, I need a paper trail on the funds that I received from Mike and Dan
through personal checks.
Could you please send a copy to me of:
Mom's handwritten will
Distribution paperwork (1099 or statement) from the bank where the funds came
from (Ira, annuity or whatever it was) that shows what the balance was and
confirms the information that was in your email on what remained and was
distributed?
I also need a copy of Mom's bank statement from March which will show where Dan
got the money from that he sent to all of us.
In actuality, all of us should have received the DETAIL on both those
distributions and any other transactions that have taken place with Mom's
accounts. I have not read all of the IRS Publication 559, but it appears that
we all should read it so we can do our taxes correctly. Was that account pre-
or post tax? From what I have read, we should not have taken any money at all
until this estate was lined up correctly. I do hope that doesn't bite us all
in the butt later on.
As far as Dan paying rent - here is my opinion on that. Dan and Katrina were
absolutely wonderful agreeing to and taking care of both Mom and Dad while Dad
was so sick. After Dad passed away in September of 2002, it was great for Mom
to have somebody there. I am very appreciative for that and always will be.
During that time, Dan and Katrina were inconvenienced, but also able to enjoy
living expenses that were very reasonable. There isn't a dollar amount that
covers the amount of good their physical presence provided. But, now they are
living there and there is no "taking care of" going on with either Mom or Dad.
If they weren't living there, we would be forced to take care of the place and
maintain it, but if we chose to rent it out, we would offset those maintenence
costs with income. I think it is great that Dan had the ability to come to
Denver and play Rock Bank with Sandy. Wouldn't it be more fair and equitable
for all if everyone had just a little bit of relief in their monthly budget?
It is not my house - it is not Dan's house - it is not Sandy's house. The
house belongs equally to all of us and therefore, all of us should be bearing
the burden and reaping the benefits. I don't want Dan to move out. I think it
is not fair and equitable to the rest of us that he isn't paying something for
rent. I don't expect him to write out checks to each of us each month. What
would be wrong with him putting an amount into the Mom account each month?
What is a fair amount? I'm not sure but I'd be willing to bet there is
something out there on that issue.
Here are some other items that I have thought of - maybe everyone else has as
well - but I haven't heard whether or not there is resolution on any of it.
Has anyone notified the SS that Mom should no longer be receiving checks?
Has anyone notified the insurance company to make sure the policy will still be
valid if something happens during this interim time?
Have the utilities been put in Dan's name - should they?
What are the costs associated with using the estate sale person - is it an
affordable option? Does everyone want to do that?
Lucy had mentioned wanting to get the lift chair for her Dad - did she get?
Did Mom have any credit card debt? Has it been paid?
I would love to get details and hear others opinions. I believe we have enough
individuals to come up with a "majority" on all issues and that the majority
should rule - no one person's opinion. In order to get that - everyone will
need to take the time to deal with it.
Kathi
On Fri, Jun 19, 2009 at 11:30 AM, Michael R. Martin <drsewnsew@xxxxxxxxxxx>
wrote:
Diana, change as needed, the rest, proceed at your descretion.
Michael R. Martin
Date: Thu, 18 Jun 2009 12:17:47 -0700
From: jhrentz2003@xxxxxxxxx
Subject: DOCS
To: DRSEWNSEW@xxxxxxxxxxx
Michael, have each of the siblings execute these and I think we're off and
running.. Joe R.
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