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Posted: 3/27/2020 8:24:43 PM EDT
[Last Edit: EDDIECRUM]
[#1]
This is in the Tidewater area. I just filled out a form the trustee sent to me to qualify me as a beneficiary for the life insurance policy and mailed it to the insurance company in Richmond, so it is not in the trust. An attorney wrote the trust and I do not know who it is. The trustee has refused to name the attorney. I ask for the name, address and phone number in the letter I sent today.
I think I can disqualify the trustee because the trustee was supposed to pay the grandkids x-amount of dollars. My daughter (the grandchild) was paid twice what she was supposed to get and the trustee asked her not to tell anyone, but she did tell me. My best bet right now is to get the name of my dads attorney. |
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Posted: 3/28/2020 12:46:23 PM EDT
[Last Edit: FrankDrebin]
[#2]
@EDDIECRUM
You need to tread carefully until you get a copy of the Trust. A lot of Trusts contain broad no-contest clauses that can go beyond just challenging the validity of the Trust. I’ve had at least two cases where the other side triggered the no-contest provision without seeing the Trust first. The result was that my clients got 100%. When I represent a beneficiary I won’t do anything until I have a copy of the Trust to make sure I am not unknowningly triggering a no-contest provision. |
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Posted: 3/28/2020 3:28:26 PM EDT
[#3]
Thanks for the info. I'm treading softly. Trustee told me in a text I was not going to get a copy of the trust or the assets in the trust. My letter yesterday quoted the Code of Virginia 64.2-775 Duty to Inform. I gave the trustee 2 weeks to send certified mail to me, the will, trust, assets, lawyers name to protect my interests.
I am not contesting the trust. I am not contesting the trustee.....yet.....but I have solid grounds to do so, could even be a criminal violation. Trustee was told failure to inform me would be reported to the Clerk of the Court, but you said it should go to the Circuit Court. I know I have to have the trust before I start stirring the pot. I will probably go to Va to hire an attorney. |
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Posted: 3/28/2020 3:41:50 PM EDT
[#4]
I can give you a recommendation in that area if you like. He knows what he is doing in this area of law.
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Posted: 3/28/2020 4:45:47 PM EDT
[#5]
Thank you.
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Posted: 3/28/2020 5:27:28 PM EDT
[#6]
It sounds like your daughter was a beneficiary of the trust. Did she get a copy? As a beneficiary she should have, plus she can also request an accounting.
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Posted: 3/28/2020 5:37:25 PM EDT
[#7]
Quote HistoryOriginally Posted By FrankDrebin: The law changed in 1997. An executor no longer needs to be a resident as long as he appoints and agent to accept service for him. Quote HistoryOriginally Posted By FrankDrebin: Originally Posted By brickeyee: None of this should delay delivery of copies of the will as required by law. The initial delay can be qualifying as executor, but after that the distribution of copies has a short time fuse. Finishing the execution can take far longer depending on what type of assets and how the will directs their distribution. Real property in other states can require the executor to 'qualify' in those states. I helped my father on a number of his buddies estates. They all worked at the CIA, and lived in Virginia. At least ONE executor on a Virginia will MUST be a Virginia Resident. Many had families ion other states, but needed a Virginia Resident Executor. Most of the time the family executors handled all the work, but in a few cases they had all died and my father was the only remaining executor. It would be far easier now with the internet than back in the 1970s. Learning about other states inheritance systems from afar was a real PITA. The law changed in 1997. An executor no longer needs to be a resident as long as he appoints and agent to accept service for him. Six of one, a half dozen of another. What are the rules for the agent? Bet they must be a Virginia resident. |
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Posted: 3/28/2020 7:21:27 PM EDT
[#8]
Quote HistoryOriginally Posted By Bubbles: It sounds like your daughter was a beneficiary of the trust. Did she get a copy? As a beneficiary she should have, plus she can also request an accounting. No, she did not. I have another a brother and he did not get one. |
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Posted: 4/2/2020 2:08:36 PM EDT
[#9]
Well, the SHTF. Readers Digest version, I sent a letter to the trustee asking a 2nd time for a copy of the trust and gave a date that I wanted it by or I would take action in court.
Got a text back from the trustee, I don't like your attitude. Dad must have spent all the money except for the six figure CD he left to me as a beneficiary. I texted back asking for a 3rd time for a copy of the trust, assets and lawyers name because I am a beneficiary and I quoted the Code of Va. 64.2-775B. Trustee texted back 64.2-1612H and 64.2-1614 which has nothing to do with a beneficiary, but it is about non disclosure to 3rd parties. I texted back that I am not a 3rd party, I am a beneficiary and asked for a 4th time to forward the info to me by email or letter. Trustee texted back I'm not sharing anything without consulting the attorney and she is out of state. "Be as ugly as you want. I have treated you just like I have treated you just like I have treated everyone. else." I texted back that April 10 is my final date to receive the info. |
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Posted: 4/2/2020 2:29:00 PM EDT
[#10]
Quote HistoryOriginally Posted By EDDIECRUM: Well, the SHTF. Readers Digest version, I sent a letter to the trustee asking a 2nd time for a copy of the trust and gave a date that I wanted it by or I would take action in court. Got a text back from the trustee, I don't like your attitude. Dad must have spent all the money except for the six figure CD he left to me as a beneficiary. I texted back asking for a 3rd time for a copy of the trust, assets and lawyers name because I am a beneficiary and I quoted the Code of Va. 64.2-775B. Trustee texted back 64.2-1612H and 64.2-1614 which has nothing to do with a beneficiary, but it is about non disclosure to 3rd parties. I texted back that I am not a 3rd party, I am a beneficiary and asked for a 4th time to forward the info to me by email or letter. Trustee texted back I'm not sharing anything without consulting the attorney and she is out of state. "Be as ugly as you want. I have treated you just like I have treated you just like I have treated everyone. else." I texted back that April 10 is my final date to receive the info. Yeah........courts take a dim view of executors looting estates. |
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Posted: 4/2/2020 6:35:39 PM EDT
[#11]
Quote HistoryOriginally Posted By fxntime: Yeah........courts take a dim view of executors looting estates. Quote HistoryOriginally Posted By fxntime: Originally Posted By EDDIECRUM: Well, the SHTF. Readers Digest version, I sent a letter to the trustee asking a 2nd time for a copy of the trust and gave a date that I wanted it by or I would take action in court. Got a text back from the trustee, I don't like your attitude. Dad must have spent all the money except for the six figure CD he left to me as a beneficiary. I texted back asking for a 3rd time for a copy of the trust, assets and lawyers name because I am a beneficiary and I quoted the Code of Va. 64.2-775B. Trustee texted back 64.2-1612H and 64.2-1614 which has nothing to do with a beneficiary, but it is about non disclosure to 3rd parties. I texted back that I am not a 3rd party, I am a beneficiary and asked for a 4th time to forward the info to me by email or letter. Trustee texted back I'm not sharing anything without consulting the attorney and she is out of state. "Be as ugly as you want. I have treated you just like I have treated you just like I have treated everyone. else." I texted back that April 10 is my final date to receive the info. Yeah........courts take a dim view of executors looting estates. Probably time to have a legal letterhead and contact this tool. It is going to cost you something, but is likely going to be well worth putting this tool in their place. "Trustee texted back I'm not sharing anything without consulting the attorney and she is out of state." There is someone covering (if it is a law firm) and if it is a sole practice they will have a phone. |
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Posted: 4/11/2020 2:54:18 PM EDT
[#12]
April 10 has come and gone and NO response from the trustee. I took FrankDrebin's response to a PM and have sent an email to an attorney in Va asking for and interview. Keep you informed.
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Posted: 4/14/2020 11:47:41 PM EDT
[#13]
Sorry for asking, but what if your father was right about having '$2 million in the bank ' ? Could the trustee have obtained power of attorney and raided the account ?
This happened to a close friend of mine who's sister raided their mother's account to the tune of $57,000 while the mother was still alive and being cared for by the sister. Sister also had the mother sign over the house ($350,000) which she then sold and quickly left the state. Has not been seen since. |
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Posted: 4/15/2020 11:49:02 AM EDT
[#14]
Never heard back from the trustee so I assume there is no more information coming from there. Building a stone wall.
I am in the process of having my first interview with an attorney. Filled out several forms, copies of texts, and a readers digest of the events. Interview is set for next week. If the stone wall is built, I will use the law to demolish it. |
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Posted: 4/16/2020 6:36:19 PM EDT
[#15]
Thats your best course of action. Some Executors and Trustees wont do anything until forced to do so via lawsuit. you just gotta be prepared to pay a lawyer for the fight.
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Posted: 4/18/2020 10:16:15 AM EDT
[#16]
My interview is Monday at noon. Will report results.
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TN, USA
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Posted: 4/21/2020 10:10:19 PM EDT
[#17]
@EDDIECRUM
I hope everything worked out for you. |
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Posted: 4/21/2020 10:31:39 PM EDT
[#18]
Trust was probably written as part of a will. Attorney I hired is trying to find out if the trustee was qualified in the circuit court to operate as the trustee according to the will. More complicated than I thought. Big problem right now is the courts are closed because of covid.
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Posted: 4/22/2020 9:51:19 AM EDT
[#19]
Shit, it may be months before you get answers.
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Posted: 5/31/2020 8:53:22 AM EDT
[#20]
Quote HistoryOriginally Posted By SACraig: When my mother died in 2010 there was a probate period following her death during which anyone with a claim against the estate could come forward and request payment. Probate. |
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Posted: 6/11/2020 8:53:24 PM EDT
[#21]
Virginia court I’m interested in MAY be opening next week. The attorney I hired will let me know.
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Posted: 6/11/2020 9:41:21 PM EDT
[#22]
Good luck bud. Your brother sounds like a real dick. I hope you smile his ass in court.
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Posted: 6/26/2020 4:55:10 PM EDT
[#23]
Quote HistoryOriginally Posted By FrankDrebin: Life insurance proceeds are sometimes payable to the Estate. But usually not. Depends on who 'owns' the policy and who is named as the beneficiary. If no beneficiary is named the payout may well go to the estate. Things can get complicated very quickly if a beneficiary has died. The rules for this are all over the place and vary state by state. It can even depend on if the deceased still has probate open. If their probate is over and closed they cannot inherit in a number of places. They are no longer a 'person' and the estate is closed. |
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Posted: 7/22/2020 2:17:21 PM EDT
[#24]
@EDDIECRUM
any update on this? |
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Posted: 7/23/2020 9:46:50 AM EDT
[#25]
Courts are open and backlogged. I should be headed to the Tidewater area pretty soon to file a suit. Never heard back from my brother so there was no effort on his behalf to resolve this.
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Posted: 9/5/2020 5:18:53 PM EDT
[Last Edit: thefreshman991]
[#26]
Any Update?
@EDDIECRUM |
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Posted: 9/13/2020 4:32:26 PM EDT
[Last Edit: brickeyee]
[#27]
Quote HistoryOriginally Posted By EDDIECRUM: Trust was probably written as part of a will. Sort of an old way to set things up. Establishing the trust and moving assets into it long before death is one of the ways to at least maintain some privacy. My Father has a trust that is about five times the pages of his will. His Real Property assets are already in the trust. |
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Posted: 9/28/2020 5:26:24 PM EDT
[#28]
Any Update?
@EDDIECRUM |
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Posted: 9/29/2020 12:01:28 PM EDT
[#29]
Things are moving slowly. Hired and fired one attorney, mostly over personality. 2nd attorney wrote a letter to the trustee quoting the Code of Virginia asking for documents and accounting of the trust. By the way, the will was never probated and the trust was never qualified. Legally, I have no idea who the trustee is although in a practical since, I do know.
The answer to my letter was from the attorney that authored my father's will/trust. The trustee hired my father's attorney, and the Reader's Digest version of that letter is there is nothing to see here. Move along. I believe this is a conflict of interest that dad's attorney is defending the trustee for a breech of the trust. The attorney needs to instruct the trustee to follow the law and provide the documents and the accounting per the law. The trustee said this attorney told him' acting as a trustee, not as a defense attorney defending the breech of trust, that he did not have to divulge any documents or accounting to me. I want to call the attorney as a fact witness to determine if they advised the trustee against following the law. Sending one final letter this week asking to settle this out of court because of $$$$$$$$$$$, however I am willing to go to court. |
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Posted: 9/30/2020 12:14:53 AM EDT
[#30]
Hope for a speedy resolution.
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USA
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Posted: 9/30/2020 2:51:44 PM EDT
[#31]
Good luck. Please update.
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Posted: 10/21/2020 10:40:58 AM EDT
[#32]
@EDDIECRUM Any new updates? I find this interesting and educational. I'll wind up being an executor one day and I dread it for several reasons.
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Posted: 11/10/2020 8:35:24 PM EDT
[#33]
My attorney sent one last letter. Pony-up the documents and a full accounting of the assets, or we will see you in court.
Apparently my attorney had some phone conversations with my brothers attorney and he thought we were making headway, but the conversations stopped. Then we sent this last letter. My attorney asked his attorney if he will accept service to appear in court. Have not heard back yet. |
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Posted: 11/11/2020 12:34:50 AM EDT
[#34]
It's happening.
I bet he doesn't think you will take it all the way. |
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Posted: 11/11/2020 11:11:18 AM EDT
[#35]
Quote HistoryOriginally Posted By thefreshman991: It's happening. I bet he doesn't think you will take it all the way. I'd be willing to bet the same. I suspect he thinks if he just continues being difficult that you'll eventually give up. |
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Posted: 11/11/2020 2:26:56 PM EDT
[#36]
Quote HistoryOriginally Posted By slowr1der: I'd be willing to bet the same. I suspect he thinks if he just continues being difficult that you'll eventually give up. Quote HistoryOriginally Posted By slowr1der: Originally Posted By thefreshman991: It's happening. I bet he doesn't think you will take it all the way. I'd be willing to bet the same. I suspect he thinks if he just continues being difficult that you'll eventually give up. Which begs the question of why he's being difficult/secretive. Perhaps there are some deep sour grapes between the parties (and the OP may not even be aware of the issue.) Or he's spent it all on whatever and hopes the potential legal problem/crime goes away. |
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Posted: 11/21/2020 7:04:58 PM EDT
[#37]
My attorney is filing the petition this coming week.
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Posted: 11/23/2020 1:14:41 AM EDT
[#38]
Thanks for the update.
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Posted: 12/2/2020 5:28:20 PM EDT
[Last Edit: EDDIECRUM]
[#39]
Before my attorney filed the petition he sent a copy of it to my brother’s attorney with a letter hoping to head off expensive court room time. His attorney has been out of town for thanksgiving but responded by phone to my attorney, let’s talk.
Some time this week they are scheduling a phone call and we are hoping they come forward with the documents and the accounting of the trust. Also since there was a power of attorney, we are asking for an accounting of assets for 5 years before my fathers death. My attorney is going to go ahead and file the case but not have my brother served until we find out if they are going to give us what we want. We also have a statute of limitations issue if we don’t file by Friday. Once it is filed we have 1 year to have him served. |
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Posted: 12/3/2020 12:02:05 AM EDT
[#40]
When did the statute of limitations start?
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Posted: 12/3/2020 3:30:53 PM EDT
[#41]
Quote HistoryOriginally Posted By EDDIECRUM: His attorney has been out of town for thanksgiving but responded by phone to my attorney, let’s talk. An actual voice conversation on a telephone. Who would have ever thought. |
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Posted: 12/5/2020 3:15:46 PM EDT
[Last Edit: EDDIECRUM]
[#42]
Quote HistoryOriginally Posted By diggerwolf: When did the statute of limitations start? 12-6-2019. It got filed yesterday 12-4-20. His attorney will talk to my brother and see how to proceed. |
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Posted: 12/5/2020 3:25:52 PM EDT
[Last Edit: EDDIECRUM]
[#43]
Quote HistoryOriginally Posted By dmjung: Which begs the question of why he's being difficult/secretive. Perhaps there are some deep sour grapes between the parties (and the OP may not even be aware of the issue.) Or he's spent it all on whatever and hopes the potential legal problem/crime goes away. Quote HistoryOriginally Posted By dmjung: Originally Posted By slowr1der: Originally Posted By thefreshman991: It's happening. I bet he doesn't think you will take it all the way. I'd be willing to bet the same. I suspect he thinks if he just continues being difficult that you'll eventually give up. Which begs the question of why he's being difficult/secretive. Perhaps there are some deep sour grapes between the parties (and the OP may not even be aware of the issue.) Or he's spent it all on whatever and hopes the potential legal problem/crime goes away. There is a million dollars missing from the estate. He had power of attorney before dad died. We are asking for discovery 5 years before death to see if the POA was abused plus a full accounting of the trust. |
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Posted: 12/5/2020 4:07:17 PM EDT
[#44]
Quote HistoryOriginally Posted By EDDIECRUM: There is a million dollars missing from the estate. He had power of attorney before dad died. We are asking for discovery 5 years before death to see if the POA was abused plus a full accounting of the trust. Threads like this make me glad I’m an only child. Saw a similar thing happen between my dad and his brother when their parents died, I don’t think they have talked since. Good luck and thanks for the continual updates. |
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IN, USA
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Posted: 12/5/2020 10:23:59 PM EDT
[#45]
Quote HistoryOriginally Posted By NoImpactNoIdea: Threads like this make me glad I’m an only child. Saw a similar thing happen between my dad and his brother when their parents died, I don’t think they have talked since. Good luck and thanks for the continual updates. My brother's wife has made it very clear that the only reason she hasn't already left him is bc she wants her share of his inheritance. He doesn't have the heart to leave her yet bc of their kids... Dad is doing everything he can to protect the family businesses from her greedy little fingers... |
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Posted: 12/6/2020 5:50:28 PM EDT
[#46]
Quote HistoryOriginally Posted By EDDIECRUM: 12-6-2019. It got filed yesterday 12-4-20. His attorney will talk to my brother and see how to proceed. No, I meant what kicked off the countdown? Date of death? |
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GA, USA
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Posted: 12/6/2020 6:13:05 PM EDT
[#47]
Quote HistoryOriginally Posted By SigOwner_P229: My brother's wife has made it very clear that the only reason she hasn't already left him is bc she wants her share of his inheritance. He doesn't have the heart to leave her yet bc of their kids... Dad is doing everything he can to protect the family businesses from her greedy little fingers... inheritance is protected from divorces. |
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Posted: 12/6/2020 7:46:16 PM EDT
[#48]
Quote HistoryOriginally Posted By billth777: inheritance is protected from divorces. Quote HistoryOriginally Posted By billth777: Originally Posted By SigOwner_P229: My brother's wife has made it very clear that the only reason she hasn't already left him is bc she wants her share of his inheritance. He doesn't have the heart to leave her yet bc of their kids... Dad is doing everything he can to protect the family businesses from her greedy little fingers... inheritance is protected from divorces. This varies widely by state and what the heir does with it. For instance, if you inherit $X and then use that $X as a down payment on a house with both you and your wife on the deed/mortgage, you'll lose the protection. Deposit the funds into a joint account with your wife, lose the protection. Personally I'd tell my parents to leave my share to a charity and I'll tell them which one, or put it in a trust where I get quarterly pittance payouts based on some formula unless it's for something like a child's education or a major medical emergency. |
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USA
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Posted: 12/7/2020 11:45:11 AM EDT
[#49]
Quote HistoryOriginally Posted By EDDIECRUM: Executor is slow-walking sending out copies of the will/trust. I understand the insurance policies are pre-will. Death was 2 months ago. lol 2 months? My sister is the executrix of my mother’s estate going on 3 years. Not a lot left but some microsoft stocks to split. CC debts were paid off, except one. That company, Discover just failed to respond. Not sure what is going on but my sister used my mother’s cards and paid them with my mom’s money on her behalf when she was in the hospital. Authorized user. Then I believe she kept using them after my mom died “ for estate purposes”. Suddenly my brother is told to disregard setting up an account for the disbursement of the stocks, the CC bill popped back up after years and wants to be paid. WTF? I have no issue if it was a valid debt at the time of my mother’s passing but I got the I am not so sure feeling about it. Too many oddities dragging it out. At best it is incompetence. At worst...... 
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USA
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Posted: 12/7/2020 12:06:09 PM EDT
[#50]
Quote HistoryOriginally Posted By Bubbles: This varies widely by state and what the heir does with it. For instance, if you inherit $X and then use that $X as a down payment on a house with both you and your wife on the deed/mortgage, you'll lose the protection. Deposit the funds into a joint account with your wife, lose the protection. Personally I'd tell my parents to leave my share to a charity and I'll tell them which one, or put it in a trust where I get quarterly pittance payouts based on some formula unless it's for something like a child's education or a major medical emergency. Quote HistoryOriginally Posted By Bubbles: Originally Posted By billth777: Originally Posted By SigOwner_P229: My brother's wife has made it very clear that the only reason she hasn't already left him is bc she wants her share of his inheritance. He doesn't have the heart to leave her yet bc of their kids... Dad is doing everything he can to protect the family businesses from her greedy little fingers... inheritance is protected from divorces. This varies widely by state and what the heir does with it. For instance, if you inherit $X and then use that $X as a down payment on a house with both you and your wife on the deed/mortgage, you'll lose the protection. Deposit the funds into a joint account with your wife, lose the protection. Personally I'd tell my parents to leave my share to a charity and I'll tell them which one, or put it in a trust where I get quarterly pittance payouts based on some formula unless it's for something like a child's education or a major medical emergency. Bingo! My cousin got suckered by her husband now ex. She inherited a goodly chunk. Her college was already paid for by my uncle. Darling hubby sells her on how great it would be for them to be debt free. She pays off his law school bills with her inheritance. He files for divorce that year. Nothing to do about it. |
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