I am the executor of my Father's will, however he passed away in 1994. Everything was settled except some farm equipment that the family agr...

Question

I am the executor of my Father's will, however he passed away in 1994. Everything was settled except some farm equipment that the family agreed to share as we all farm. Without my knowledge, my very elderly Mother has sold it to all to family members and I knew nothing of it until it was done. Is there anything I can do at this point? They have taken advantage of her age and bullied her into doing what they wanted and some have not even paid her yet!!

Answer

Um, if the father died in 1994, the estate should have been administered and closed by now so you being an executor of the father's will is meaningless. You say the family agreed on the disposition of things. Well, if they agreed then there surely would have been a written family agreement, right?

If not, then whatever was agreed upon does not really exist. Who was left the stuff in your father's will? The will either made an outright bequest (as in I leave my tractor to my son X) or if no mention of it then it would pass with the residue of the estate (a residue clause covers the disposition of all other property not specifically named; if the will was done properly and by a lawyer then there should be a residue clause). Who got the residue? Your mother? If so, then she can dispose of the property as she sees fit and there is not much you can say about it.

You raise a second issue. If your mother is elderly and has been taken advantage of, then perhaps she needs to go see an an elder care attorney to have her own will revised and more importantly, a financial power of attorney drafted, provided that she is mentally competent. The agent under the power of attorney can then take charge of your mother's property and can prevent any further dissipation of her assets.

With regard to the equipment, the agent under the power of attorney can pursue the family members for payment for the equipment. Frankly, the equipment is 21 years old - what kind of a value can it have really? I don't know what the stuff is - balers? tractors? plows?

It may not be worthwhile to pursue but a power of attorney can hire a lawyer and pursue legal action to either get it back or undo the transaction or get paid depending on the circumstances which you do not really divulge here.