Deleted
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Post by Deleted on Mar 16, 2011 7:08:51 GMT -5
"I doubt her house is even worth $20K at this point"
Wow. Where is this?
I understand why it's not worth fighting over and also why folks could be so hurt. Really unfortunate situation.
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Havoc
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Post by Havoc on Mar 16, 2011 7:52:18 GMT -5
I don't know that I would be eager to fight over that amount, but I definitely understand the feelings of not wanting to be snookered by family - especially since you don't even know what was in the estate. The fact that BIL is the executor but hasn't seen the will is a blaring alarm klaxon in my mind. Isn't the executor responsible for filing and closing out probate in the court?
Also, don't be intimidated by the fact that SIL is a paralegal... law practices focus on various areas, and even if her office does specialize in wills & estates, an attorney in the field (representing the brothers) would/should be able to take a look at the situation and see what, if anything has been done. Like misrepresentation (if SIL closed out probate), forged/inaccurate docs, etc. And also, I wouldn't automatically assume that the three attorneys in her office will heavily engage in this situation. Even if they are on her side emotionally (probably have heard her stories of taking care of poor Mom while brothers cavorted for years), it doesn't mean that they will invest a lot of effort in a situation where an estate is supposed to be split equally and one party is single-handedly disinheriting the other two...
Sad situation, and I am sorry you are in it.
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swamp
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Post by swamp on Mar 16, 2011 8:00:24 GMT -5
I don't know that I would be eager to fight over that amount, but I definitely understand the feelings of not wanting to be snookered by family - especially since you don't even know what was in the estate. The fact that BIL is the executor but hasn't seen the will is a blaring alarm klaxon in my mind. Isn't the executor responsible for filing and closing out probate in the court? Also, don't be intimidated by the fact that SIL is a paralegal... law practices focus on various areas, and even if her office does specialize in wills & estates, an attorney in the field (representing the brothers) would/should be able to take a look at the situation and see what, if anything has been done. Like misrepresentation (if SIL closed out probate), forged/inaccurate docs, etc. And also, I wouldn't automatically assume that the three attorneys in her office will heavily engage in this situation. Even if they are on her side emotionally (probably have heard her stories of taking care of poor Mom while brothers cavorted for years), it doesn't mean that they will invest a lot of effort in a situation where an estate is supposed to be split equally and one party is single-handedly disinheriting the other two... Sad situation, and I am sorry you are in it. If the attorneys helped SIL forge documents, etc., they're the ones that get disbarred. I find it highly unlikely they would risk their livelihoods over this matter. She probably knows enough law to be dangerous, but not enough to get everything right. Just go check the names on the deed to MIL's house at the County Deed Recorder's office, it's free and will answer most of your questions right there. If the house is already in SIL's name, no probate action is needed.
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Agatha
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Post by Agatha on Mar 16, 2011 8:10:01 GMT -5
SIL has never really had a good relationship with her brothers. Dh and is brother and our families get along fine. But, SIL has seemed to be constantly dissatisfied about something from the time I met her. She talks about wanting a close family, but seems to push everyone away with her behavior. We have tried many times in the past to reach out to her, to involve her, spend time with her , etc but she was always too "busy" or had something more important than any of us but then would grouse about how nobody cares about her, etc. So, now here she is now and acting in a manner to further push all of us away. I just don't get it. And, it makes me sad to see her doing so but I have tried. And, she is doing so over very little. MIL had very little. I doubt her house is even worth $20K at this point, so again, she is welcome to have it all and whatever was left in MIL's account (which we don't know) and all the items. But, i don't see why she just isn't forthcoming about this. So very sad. No DH, no children, and what family she has she is pushing away. Old and alone is the nightmare of many. It would be better to come clean with her brothers and mend her fences as best she can. But family counciling at this point? I don't know. Too much? Too little? Too late? Probably all three.
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TD2K
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Post by TD2K on Mar 16, 2011 8:45:35 GMT -5
I actually tried to sign my part back to the other heirs for various reasons. The Probate Judge would not allow it.
The probate judge is likely tied by the terms of the will (just guessing, don't know) but after the will is settled there's nothing to stop you from gifting the money however you choose.
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swamp
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Post by swamp on Mar 16, 2011 8:47:38 GMT -5
I actually tried to sign my part back to the other heirs for various reasons. The Probate Judge would not allow it.The probate judge is likely tied by the terms of the will (just guessing, don't know) but after the will is settled there's nothing to stop you from gifting the money however you choose. The judge is tied by the will, however, an heir should be able to sign and file with the court a renunciation that refuses their share of the inheritence.
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Clever Username
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Post by Clever Username on Mar 16, 2011 11:50:17 GMT -5
Sorry to see the two of them fighting. As crafty pointed out, there is no "staying out of it."
Imagine living in Africa. A pickup truck filled with bandits pulls up. They declare "if you're not with us, you're against us." This is analogous to what your sister did.
Simply put. Wills are not about who DESERVES the money. They are about who mom wanted to pass the money to. While she was alive she decided that everyone DESERVED equal regardless of services provided.
Mechanically, sis could refinance the home to pass out the cash. If you're willing, you could record a lien against the property for your share of the equity.
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