sesfw
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Post by sesfw on Feb 1, 2020 11:50:57 GMT -5
Shasta ....... you mom needs to get things in writing.
A friend's brother (in 70s, no family except sibs) unexpectedly passed away more than a year ago without any papers at all. She and other brother have had a year of legal he** trying to get things straightened out. This is in CA so state laws take over. Four vehicles, a condo with HOA fees, investments, banks ........ the headaches are endless.
Within the next month she is hoping to get title to vehicles. HOA fees have to be paid each month along with other expenses of condo.
What is really stupid about this whole thing is ............. years ago this brother insisted that their mom get all of her legal papers done but he didn't do any himself.
I feel for my friend
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souldoubt
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Post by souldoubt on Feb 1, 2020 11:55:52 GMT -5
A parent not putting together a will or trust if they have anything is kind of selfish in this day and age because even if it isn't a matter of heirs fighting there's paperwork and things to get through when the time comes. Tell your mom sticking her head in the sand about the whole thing may not cause her any issues but it will for you when the time comes and that's not right.
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Deleted
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Post by Deleted on Feb 1, 2020 12:27:10 GMT -5
A parent not putting together a will or trust if they have anything is kind of selfish in this day and age because even if it isn't a matter of heirs fighting there's paperwork and things to get through when the time comes. Tell your mom sticking her head in the sand about the whole thing may not cause her any issues but it will for you when the time comes and that's not right. I have and it falls on deaf ears. I've said previously that if nothing gets done and it turns into a cluster, I will just walk away from the entire mess. Her latest comment was that I better sell all of her prized possessions (crap) on eBay for top dollar and not just donate stuff or have an estate sale. I suggested if she's interested in that then she's welcome to sell stuff anytime. I'm NOT spending years down here dealing with it. What I don't understand is my grandparents set up a trust and made things as simple as possible, minus selling my grandmothers overabundance of crap. But, my mom left most of the house clearing and all that work to her brother and his wife... At this point, I have spent decades of my life taking care of my late DH, raising kids, spent months taking care of my grandmother when she was dying on hospice, and also spent months here to help out when my step-father was dying. I'm done being a caregiver and have mentioned that if my mom expects help it won't be on this big property with tons of crap to take care of (pasture, swimming pool, lawns, etc...) it will be in Oregon where I live. Otherwise, make other plans. My attitude is seen as ungrateful and horrible. At this point, I really don't care. I've spent most of my life doing what other people wanted and expected from me. I'm done with that and plan to live and enjoy my life for a while while I am still young enough to be able to do it.
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TheOtherMe
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Post by TheOtherMe on Feb 1, 2020 15:55:20 GMT -5
My cousin died 8 days after being diagnosed with cancer. She was younger than me. She didn't have a will.
It took a long time, but by state law her dad inherited her house and her money, etc. He was living in low income senior living. He had to move to her house to live. He has said he was done taking care of a house and that is why he was living where he was.
The house needed a lot of work. I'm not criticizing her for that, but that had to be done before he could move in. Now he has to deal with a lawn and snow removal again. It looks like great grandchildren are doing those chores now, but they most likely won't be in the area forever due a lack of decent jobs.
At least the house was paid for.
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thyme4change
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Post by thyme4change on Feb 1, 2020 16:14:16 GMT -5
First, and most important, sorry about your Mom.
Second, if your Dad has money and assets that are over $100k (or whatever) I would suggest he get a lawyer and make a trust. It will probably cost around 5k, but it may save you some serious pain if your brother is willing to play dirty. Don't put yourself through this again. Your Dad can protect you and be fair.
Lastly, something similar happened with my Mom and her brother. He lived near G-Mom, and helped with the regular stuff, like shopping and paying bills, etc. But my Mom was the executor and after G-Mom died my mother discovered (let's say) accounting discrepancies. I never got the amount she thinks my BIL took, but I suspect it is in the 10k range. My Mom let it go, and split the remaining estate evenly with him. She wanted to keep the peace and my Uncle needed the money more than her. You can determine where the line is to keep yourself sane.
Good luck.
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CCL
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Post by CCL on Feb 1, 2020 22:11:30 GMT -5
$10k to make him go away is cheap. Let him have it. But they usually keep coming back for more. She already said she expects her brother and family to bully her to try and get all they can.
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giramomma
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Post by giramomma on Feb 1, 2020 22:18:02 GMT -5
I guess him keeping the money isn't the thing that upsets me the most... it's the way he thinks he can treat his family without any consequences.Talk about this a little more. Do you perceive that your brother isn't dealing with any consequences or is it that your brother thinks he shouldn't have consequences for his behavior? Have you considered going to a grief counselor or just a therapist in general. Grieving relationships when folks pass is one thing. Grieving relationships when folks are still alive...I think it's different, even though both involve grieving. I wonder if you are getting a double-helping of the grieving process right now.
I also think talking with someone helps when we are in relationships with others and we cannot understand their behavior.. I know you are watching your finances as they are tight, but I think instances like this, it can be worth it to spend...
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GRG a/k/a goldenrulegirl
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Post by GRG a/k/a goldenrulegirl on Feb 2, 2020 10:13:37 GMT -5
After he threatened that I told my dad he needed to revoke his financial power of attorney as soon as possible. So he did.
So your dad changed his financial POA so that you are handling his finances? I hope so for the sake of your dad and you. Your dad should not have to worry about his son taking his money. I'm sorry about the loss of your mother. He currently does not have a financial power of attorney. I told him he needed to get a new one with me on it just in case he becomes mentally incapable of handling his own finances. My brother was very upset when my dad also revoked his medical power of attorney that my brother and I shared. My brother just started making my dad's medical decisions for him and the power of attorney was only for when he couldn't make them himself. My brother just takes over everything and thinks he runs the entire family. My dad did make a new medical power of attorney with me on it. My brother said my dad could just die and he would never visit him in the hospital again so I don't know why he was so upset when he revoked him off of it. I think you need to tweak your approach with your father on this. He doesn’t need a POA to protect you, he needs one to protect himself. It is reasonable to expect, as the years go on, he will need some modifications to his house (grab bars, shower seat, ramps, etc.). He will also likely need some home health care if he doesn’t want to go to a nursing home. He needs to protect his money for his own needs. Leaving it vulnerable to your brother — or any of a billion scam artists who prey on older folks — means he might not have the funds he needs when he needs them. And, IF, God forbid he needs a nursing home, he needs to get his finances in order (put the house in a trust, etc.) at least 5 years before he enters the nursing home if he wants to pass down any of his assets. That’s the conversation to have — your concern for HIS needs, not the $10K or your brother. I wish you well. Caring for older relatives when there is family conflict is never easy.
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hoops902
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Post by hoops902 on Feb 3, 2020 9:01:44 GMT -5
How much it would take for me to walk away depends entirely on my financial situation at the time (and life situation). If I were 20 and broke, I'd walk through fire to get my $10k. Now I'd not worry about it.
In THIS case though, I'd probably care less about the money and more about feeling cheated...and I'll go through more to "avenge" being cheated than I will for this amount of money. Particularly when this seems relatively easy. It doesn't sound like brother was on the account, so that he had to access it as POA. So he "stole" mom's money, while she was still alive, and didn't use it for anything related to her. I'd threaten him that I was going to the police, since I would assume that might have more impact than threatening to sue him for the money.
I might also threaten that the money need to be returned, therefore "undoing" the "simplification" and put back into mom's estate to be distributed whenever it was going to be distributed.
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gs11rmb
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Post by gs11rmb on Feb 3, 2020 11:59:28 GMT -5
My step-siblings are assholes. My sister spent most of her life in prison and my brother is a narcissist to the nth degree. I refused to deal with either. Ever. My mom still refuses to write a will. While I am legally supposed to be the only heir of a fairly substantial estate, I've made it clear if the steps start shit because there is no will and file lawsuits (they have in the past) I will walk and never look back. Some things in life just aren't about the cash. Just to confirm that they are your step-siblings and not half-siblings? If that's the case then surely they have no legal claim on the estate? I was a child so my memories are vague but my Dad's uncle died and left everything to his wife who died just a few weeks later before altering her will, which had left everything to her husband. The problem was that the children were his from his first marriage. After he was widowed he remarried and his wife raised the children as her own. My Dad's cousins received nothing. The Crown tracked down the legal next of kin and he inherited everything.
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Miss Tequila
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Post by Miss Tequila on Feb 3, 2020 12:09:53 GMT -5
How much it would take for me to walk away depends entirely on my financial situation at the time (and life situation). If I were 20 and broke, I'd walk through fire to get my $10k. Now I'd not worry about it. In THIS case though, I'd probably care less about the money and more about feeling cheated...and I'll go through more to "avenge" being cheated than I will for this amount of money. Particularly when this seems relatively easy. It doesn't sound like brother was on the account, so that he had to access it as POA. So he "stole" mom's money, while she was still alive, and didn't use it for anything related to her. I'd threaten him that I was going to the police, since I would assume that might have more impact than threatening to sue him for the money. I might also threaten that the money need to be returned, therefore "undoing" the "simplification" and put back into mom's estate to be distributed whenever it was going to be distributed. I would walk from the $20k but I would definitely go to the police and file charges. For me, seeing this scumbag pay for stealing from a woman on her deathbed would be more than worth the $20k. I have zero use for people like that. Not sure if he would get jail or not (in my area that seems tied to restitution) but I would savor every cent he paid to his attorneys and make sure restitution was followed up on. I would make it my life's job to make his life hell. Yes, I'm a wee-bit vindictive in these situations.
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Miss Tequila
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Post by Miss Tequila on Feb 3, 2020 12:10:46 GMT -5
My step-siblings are assholes. My sister spent most of her life in prison and my brother is a narcissist to the nth degree. I refused to deal with either. Ever. My mom still refuses to write a will. While I am legally supposed to be the only heir of a fairly substantial estate, I've made it clear if the steps start shit because there is no will and file lawsuits (they have in the past) I will walk and never look back. Some things in life just aren't about the cash. Just to confirm that they are your step-siblings and not half-siblings? If that's the case then surely they have no legal claim on the estate? I was a child so my memories are vague but my Dad's uncle died and left everything to his wife who died just a few weeks later before altering her will, which had left everything to her husband. The problem was that the children were his from his first marriage. After he was widowed he remarried and his wife raised the children as her own. My Dad's cousins received nothing. The Crown tracked down the legal next of kin and he inherited everything. That makes my heart sad. I'm sure the step-mom didn't mean to leave nothing to the other children but unfortunately, by not having a will she cut them out.
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Deleted
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Post by Deleted on Feb 3, 2020 12:15:33 GMT -5
My step-siblings are assholes. My sister spent most of her life in prison and my brother is a narcissist to the nth degree. I refused to deal with either. Ever. My mom still refuses to write a will. While I am legally supposed to be the only heir of a fairly substantial estate, I've made it clear if the steps start shit because there is no will and file lawsuits (they have in the past) I will walk and never look back. Some things in life just aren't about the cash. Just to confirm that they are your step-siblings and not half-siblings? If that's the case then surely they have no legal claim on the estate? I was a child so my memories are vague but my Dad's uncle died and left everything to his wife who died just a few weeks later before altering her will, which had left everything to her husband. The problem was that the children were his from his first marriage. After he was widowed he remarried and his wife raised the children as her own. My Dad's cousins received nothing. The Crown tracked down the legal next of kin and he inherited everything. Exactly. Stepchildren don't have inheritance rights so if mom doesn't put them in the Will, there won't be any shit they can raise that will make a difference.
That's why although I'm normally not a fan of prenups, in the situation where there are previous children I'm all about making sure they don't get cut out if their bio parent dies and leaves everything to the step.
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Post by The Walk of the Penguin Mich on Feb 3, 2020 12:26:51 GMT -5
Just to confirm that they are your step-siblings and not half-siblings? If that's the case then surely they have no legal claim on the estate? I was a child so my memories are vague but my Dad's uncle died and left everything to his wife who died just a few weeks later before altering her will, which had left everything to her husband. The problem was that the children were his from his first marriage. After he was widowed he remarried and his wife raised the children as her own. My Dad's cousins received nothing. The Crown tracked down the legal next of kin and he inherited everything. Exactly. Stepchildren don't have inheritance rights so if mom doesn't put them in the Will, there won't be any shit they can raise that will make a difference.
That's why although I'm normally not a fan of prenups, in the situation where there are previous children I'm all about making sure they don't get cut out if their bio parent dies and leaves everything to the step.
What does a prenup (used when a marriage dissolves due to divorce) have to do with a death? A will would trump this, right?
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gs11rmb
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Post by gs11rmb on Feb 3, 2020 12:33:28 GMT -5
Just to confirm that they are your step-siblings and not half-siblings? If that's the case then surely they have no legal claim on the estate? I was a child so my memories are vague but my Dad's uncle died and left everything to his wife who died just a few weeks later before altering her will, which had left everything to her husband. The problem was that the children were his from his first marriage. After he was widowed he remarried and his wife raised the children as her own. My Dad's cousins received nothing. The Crown tracked down the legal next of kin and he inherited everything. That makes my heart sad. I'm sure the step-mom didn't mean to leave nothing to the other children but unfortunately, by not having a will she cut them out. She had no biological children and, as far as I know, considered the children to be her 'own'. There was nothing malicious in her intentions, I just don't think they considered the ramifications of leaving everything to one another. One thing that shocks me is that this cousin took the estate. I can't imagine doing so knowing that the girls lost everything. They weren't even allowed to take photograph albums from the house. ETA - this was not a wealthy couple. I'm sure there was a little money but the loss of sentimental items must have been very painful.
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Deleted
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Post by Deleted on Feb 3, 2020 12:47:54 GMT -5
Exactly. Stepchildren don't have inheritance rights so if mom doesn't put them in the Will, there won't be any shit they can raise that will make a difference.
That's why although I'm normally not a fan of prenups, in the situation where there are previous children I'm all about making sure they don't get cut out if their bio parent dies and leaves everything to the step.
What does a prenup (used when a marriage dissolves due to divorce) have to do with a death? A will would trump this, right? No. A prenup limiting inheritance normally trumps a will unless someone can prove the prenup was signed under duress.
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Miss Tequila
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Post by Miss Tequila on Feb 3, 2020 12:52:53 GMT -5
That makes my heart sad. I'm sure the step-mom didn't mean to leave nothing to the other children but unfortunately, by not having a will she cut them out. She had no biological children and, as far as I know, considered the children to be her 'own'. There was nothing malicious in her intentions, I just don't think they considered the ramifications of leaving everything to one another. One thing that shocks me is that this cousin took the estate. I can't imagine doing so knowing that the girls lost everything. They weren't even allowed to take photograph albums from the house. ETA - this was not a wealthy couple. I'm sure there was a little money but the loss of sentimental items must have been very painful. One thing I have learned over my years is that people truly do suck. And that includes my own family. My mom has dementia and for several years my aunt (her oldest sister) helped her with her bills. I was working long hours and traveling for work so I was happy for the help. When my mom almost died last summer and it was a question of whether she could afford the care she needed, I took the bill paying back from my aunt. It took several weeks of me begging my aunt for the log in information and it was one excuse after another. Well, when I finally just called the bank with my mom on the phone and got in, I found out why. My aunt was helping herself to a couple hundred bucks a month of my mom's money. Like your aunt, it isn't like my mom has a lot so to find out that my aunt was taking advantage of her own sister sent my blood boiling. It is definitely awkward at family functions now because I flipped my shit and made sure I let everyone know what type of a person she was. I feel partially responsible because I should know better than to trust anyone with money. Then again, my mom's baby sister has a bank account that is in my name and has been for several years. I would never dream of taking her money because I'm not a scum bag. If my aunt ever dies, that money gets turned over to her son to help pay for her funeral. I'm not even sure he knows I have it but without question, he would get every cent in that account. My very "religious" cousin also screwed over the kids of her second husband. Sadly, her husband died of the widow-maker heart attack in his late 40s. He had three children from his previous marriage that I know he would have wanted to take care of. But like a lot of us in our 40s, you don't think you are going to die and he did not have a will. Not only did the witch not give his children any money, she wouldn't give them one thing from the house. His one son wanted a gun that meant a lot to him because it was the gun they used when his dad taught him how to hunt. She wouldn't give it to him. She had an estate sale and my other cousin (from yet another sister!lol) bought the gun and gave it to his son. the only good that came out of this was awful, religious cousin got married again and was dumb enough to not get a pre-nup. Well, husband number 3 divorced her and got half of everything! Her ass is now back to work and every time I see a post from her complaining about going to work I smile...karma bitch, Karma
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Miss Tequila
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Post by Miss Tequila on Feb 3, 2020 12:55:32 GMT -5
What does a prenup (used when a marriage dissolves due to divorce) have to do with a death? A will would trump this, right? No. A prenup limiting inheritance normally trumps a will unless someone can prove the prenup was signed under duress.
Interesting. I would have thought that the will would have if it was done at a later date. I'm also not attorney and don't actually have a clue!
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swamp
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Post by swamp on Feb 3, 2020 13:00:49 GMT -5
She had no biological children and, as far as I know, considered the children to be her 'own'. There was nothing malicious in her intentions, I just don't think they considered the ramifications of leaving everything to one another. One thing that shocks me is that this cousin took the estate. I can't imagine doing so knowing that the girls lost everything. They weren't even allowed to take photograph albums from the house. ETA - this was not a wealthy couple. I'm sure there was a little money but the loss of sentimental items must have been very painful. One thing I have learned over my years is that people truly do suck. And that includes my own family. My mom has dementia and for several years my aunt (her oldest sister) helped her with her bills. I was working long hours and traveling for work so I was happy for the help. When my mom almost died last summer and it was a question of whether she could afford the care she needed, I took the bill paying back from my aunt. It took several weeks of me begging my aunt for the log in information and it was one excuse after another. Well, when I finally just called the bank with my mom on the phone and got in, I found out why. My aunt was helping herself to a couple hundred bucks a month of my mom's money. Like your aunt, it isn't like my mom has a lot so to find out that my aunt was taking advantage of her own sister sent my blood boiling. It is definitely awkward at family functions now because I flipped my shit and made sure I let everyone know what type of a person she was. I feel partially responsible because I should know better than to trust anyone with money. Then again, my mom's baby sister has a bank account that is in my name and has been for several years. I would never dream of taking her money because I'm not a scum bag. If my aunt ever dies, that money gets turned over to her son to help pay for her funeral. I'm not even sure he knows I have it but without question, he would get every cent in that account. My very "religious" cousin also screwed over the kids of her second husband. Sadly, her husband died of the widow-maker heart attack in his late 40s. He had three children from his previous marriage that I know he would have wanted to take care of. But like a lot of us in our 40s, you don't think you are going to die and he did not have a will. Not only did the witch not give his children any money, she wouldn't give them one thing from the house. His one son wanted a gun that meant a lot to him because it was the gun they used when his dad taught him how to hunt. She wouldn't give it to him. She had an estate sale and my other cousin (from yet another sister!lol) bought the gun and gave it to his son. the only good that came out of this was awful, religious cousin got married again and was dumb enough to not get a pre-nup. Well, husband number 3 divorced her and got half of everything! Her ass is now back to work and every time I see a post from her complaining about going to work I smile...karma bitch, Karma why doesn't she just set up a prepaid funeral now?
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gs11rmb
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Post by gs11rmb on Feb 3, 2020 13:03:05 GMT -5
Miss Tequila I'm sorry that your aunt was stealing from your mom. I don't think you should feel any responsibility because you did nothing wrong. You're on another aunt's account and would never take her money so you judged by your own standards.
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Deleted
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Post by Deleted on Feb 3, 2020 13:04:35 GMT -5
No. A prenup limiting inheritance normally trumps a will unless someone can prove the prenup was signed under duress.
Interesting. I would have thought that the will would have if it was done at a later date. I'm also not attorney and don't actually have a clue! I'm guessing if a will says something contradictory to the prenup it's going to drag out.
I just look at it as a one stop legal shop. Keep the kids covered for divorce or death in one contract.
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Miss Tequila
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Post by Miss Tequila on Feb 3, 2020 13:12:45 GMT -5
One thing I have learned over my years is that people truly do suck. And that includes my own family. My mom has dementia and for several years my aunt (her oldest sister) helped her with her bills. I was working long hours and traveling for work so I was happy for the help. When my mom almost died last summer and it was a question of whether she could afford the care she needed, I took the bill paying back from my aunt. It took several weeks of me begging my aunt for the log in information and it was one excuse after another. Well, when I finally just called the bank with my mom on the phone and got in, I found out why. My aunt was helping herself to a couple hundred bucks a month of my mom's money. Like your aunt, it isn't like my mom has a lot so to find out that my aunt was taking advantage of her own sister sent my blood boiling. It is definitely awkward at family functions now because I flipped my shit and made sure I let everyone know what type of a person she was. I feel partially responsible because I should know better than to trust anyone with money. Then again, my mom's baby sister has a bank account that is in my name and has been for several years. I would never dream of taking her money because I'm not a scum bag. If my aunt ever dies, that money gets turned over to her son to help pay for her funeral. I'm not even sure he knows I have it but without question, he would get every cent in that account. My very "religious" cousin also screwed over the kids of her second husband. Sadly, her husband died of the widow-maker heart attack in his late 40s. He had three children from his previous marriage that I know he would have wanted to take care of. But like a lot of us in our 40s, you don't think you are going to die and he did not have a will. Not only did the witch not give his children any money, she wouldn't give them one thing from the house. His one son wanted a gun that meant a lot to him because it was the gun they used when his dad taught him how to hunt. She wouldn't give it to him. She had an estate sale and my other cousin (from yet another sister!lol) bought the gun and gave it to his son. the only good that came out of this was awful, religious cousin got married again and was dumb enough to not get a pre-nup. Well, husband number 3 divorced her and got half of everything! Her ass is now back to work and every time I see a post from her complaining about going to work I smile...karma bitch, Karma why doesn't she just set up a prepaid funeral now? She uses the checking account for her day-to-day banking. I don't ask and I do not want to know why it can't be in her name! My one rule is "you ever bounce a check and I close the account". It's been several years and it's been fine.
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Miss Tequila
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Post by Miss Tequila on Feb 3, 2020 13:14:03 GMT -5
Miss Tequila I'm sorry that your aunt was stealing from your mom. I don't think you should feel any responsibility because you did nothing wrong. You're on another aunt's account and would never take her money so you judged by your own standards. Thank you
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Post by The Walk of the Penguin Mich on Feb 3, 2020 13:17:13 GMT -5
What does a prenup (used when a marriage dissolves due to divorce) have to do with a death? A will would trump this, right? No. A prenup limiting inheritance normally trumps a will unless someone can prove the prenup was signed under duress.
But you would have to specify that it also limits inheritance too, at that point.
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Deleted
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Post by Deleted on Feb 3, 2020 13:43:59 GMT -5
No. A prenup limiting inheritance normally trumps a will unless someone can prove the prenup was signed under duress.
But you would have to specify that it also limits inheritance too, at that point. I guess I'm not understanding. I'm assuming things like that would be included in a prenup with prior kids?
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Post by The Walk of the Penguin Mich on Feb 3, 2020 13:49:09 GMT -5
But you would have to specify that it also limits inheritance too, at that point. I guess I'm not understanding. I'm assuming things like that would be included in a prenup with prior kids?
You need to specifically state that the spouse is being disinherited in a prenup. The right to inheritance has to be waived. The rules of the prenup are assumed that this is only if a marriage dissolves, not in the case of death. So if a prenup says that the spouse gets a set amount if the marriage dissolves and a will is made that the spouse receives everything on death, unless the spouse has waived inheritance rights in the prenup, the will is going to stand.
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Deleted
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Post by Deleted on Feb 3, 2020 14:01:34 GMT -5
I guess I'm not understanding. I'm assuming things like that would be included in a prenup with prior kids?
You need to specifically state that the spouse is being disinherited in a prenup. The right to inheritance has to be waived. The rules of the prenup are assumed that this is only if a marriage dissolves, not in the case of death. So if a prenup says that the spouse gets a set amount if the marriage dissolves and a will is made that the spouse receives everything on death, unless the spouse has waived inheritance rights in the prenup, the will is going to stand. The prenups I have seen state what is to be done with specific assets in the event of divorce OR death, and everything I'm seeing says the prenup usually takes precedence if there is a conflict.
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swamp
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Post by swamp on Feb 3, 2020 14:05:40 GMT -5
depends on what document was done when and what each document says.
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Deleted
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Post by Deleted on Feb 4, 2020 10:02:36 GMT -5
She had no biological children and, as far as I know, considered the children to be her 'own'. There was nothing malicious in her intentions, I just don't think they considered the ramifications of leaving everything to one another. One thing that shocks me is that this cousin took the estate. I can't imagine doing so knowing that the girls lost everything. They weren't even allowed to take photograph albums from the house. ETA - this was not a wealthy couple. I'm sure there was a little money but the loss of sentimental items must have been very painful. My very "religious" cousin also screwed over the kids of her second husband. Sadly, her husband died of the widow-maker heart attack in his late 40s. He had three children from his previous marriage that I know he would have wanted to take care of. But like a lot of us in our 40s, you don't think you are going to die and he did not have a will. Not only did the witch not give his children any money, she wouldn't give them one thing from the house. His one son wanted a gun that meant a lot to him because it was the gun they used when his dad taught him how to hunt. She wouldn't give it to him. She had an estate sale and my other cousin (from yet another sister!lol) bought the gun and gave it to his son. I am not a lawyer, but in Alabama the widow doesn't automatically inherit everything if a person dies without a will (intestate). I know this varies by state. Sometimes, there is an amount like $100,000 that automatically goes to the surviving spouse and the remainder is divided between the surviving spouse and the decedent's children. That amount may also vary, but it is very unusual to totally disinherit the decedent's children using intestate laws exclusively. I'm obviously not a lawyer, but an elder law lawyer talked with me extensively about these issues last summer. I wonder if the kids by a previous marriage just took her word that they inherited nothing. Or maybe there was nothing to inherit if everything was joint.
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Gardening Grandma
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Post by Gardening Grandma on Feb 4, 2020 11:00:05 GMT -5
My will states that my spouse does not recieve my half of the community property (which is mostly the house and adjacent lots). It also states that he can continue to live here until he dies, remarries or sells the house at which time my half goes to my children. We talked it over and he's fine with it since he doesn't have any children. I wanted to protect my children's interest in case he remarried.
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