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Posted: 12/29/2001 6:02:36 AM EDT
My Father passed away recently and all he left behind was a simple will. No estate planning at all. Since his death, My two sisters have, 1. Still have not filed the will 2. Gotten two lawyers involved because they are too lazy to do simple things. 3. Emptied all of the bank accounts they have found so far and are spending it like water Its like they hit the Damn lottery, I've tried to explain the legal, monetary and tax ramifications to them but its fallen on deaf ears. My Moms financial security, 2 homes, annuites etc are all at risk because my old man would not listen to my advice. And no, I'm not in the will and thank God for that My main concern is for my Mom. If you want your wishes followed after your gone do some estate planning and be damn careful about who you choose as an Executor.
Link Posted: 12/29/2001 6:33:21 AM EDT
Link Posted: 12/29/2001 6:47:29 AM EDT
Originally Posted By Waldo: Some people don't care what happens after they're dead, because,well,,, they're dead. I've never seen such a bunch of bone picking buzzards as relatives fighting over a dead mans belongings/money.
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You aren't kidding. My grandmother died in 1993 and my grandfather remarried at age 74 in 1995. The lady he married has 4 grown kids and 6 grandkids of her own. Major fights went down over the estate and he finally agreed to put a prenup in place. She was really mad about that and it made me suspect her motives. Gramps has about 200 acres of farm land and 400 acres of undeveloped land. Plus he has several rental properties. I think she was banking on a windfall and some proper planning took care of it all. My aunts and uncles were really adamant with him about gettting his affairs in order early and if he hadn't there would have indeed been a major blood feud. Seen it happen many times. Sometimes you got to make them sign it.
Link Posted: 12/29/2001 6:53:54 AM EDT
Link Posted: 12/29/2001 7:34:01 AM EDT
If you are concerned for your mother than you can and need to take action. Have an injunction filed, on your mothers behalf, preventing your sisters from taking anymore of the money. They are not entitled to take it in the first place unless the will specifically gives them the authority. Or they are specifically named on the accounts. If they are using your mothers checks or your deceased fathers checks that would constitute fraud. If this has occured then you must file a petition with the court having you named as conservator of the estate. You will site the fact that your mother has deminished capacity and that your sisters have committed a felony in liquidating the funds. Unless you do this your mother maybe out in the street. The IRS will gladly take what is left. If that should happen let me know and I will contact some friends who are experts in the field and see if they can help.
Link Posted: 12/29/2001 7:39:41 AM EDT
Is there a Web site anyone knows of that can provide template documents that are legally binding?
Link Posted: 12/29/2001 7:45:44 AM EDT
My favorite uncle (a great outdoorsman)died last year from cancer. He was a lifelong bachelor, but after his death, a son emerged. It seems that my uncle had this son about 22 years ago, and kept it quiet. He maintained contact and provided for this son since his birth. Anyway, another uncle (not his brother)immediately descended on the estate and tried to keep my the son from getting what was rightly his. Finally, my brothers and sisters and I sat the bastard down and explained it to him. He was an attorney, and we threatened to ruin him if he kept cheating the kid. It was finally settled, and the kid got nearly everything. This experience drove home the value of a will.
Link Posted: 12/29/2001 7:55:48 AM EDT
Originally Posted By SJSAMPLE: Anyway, another uncle (not his brother)immediately descended on the estate and tried to keep [b]my[/b] the son from getting what was rightly his. Fruedian slip? [;D]
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