If he'll ever return my calls, I will.
He's a very busy man.
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| Inheritance Rights? https://gladerebooted.net/viewtopic.php?f=2&t=2132 |
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| Author: | LadyKate [ Mon Mar 08, 2010 9:52 am ] |
| Post subject: | Inheritance Rights? |
I am so confused. So, as soon as my parents home sells, they can start the whole process. I am supposed to get one eighth of the estate after taxes, lawyer fees, and my uncle's cut (he is the executor.) Apparently, from what I have been told, my mother (ever controlling even in death) gave specific instructions that my Uncle would be in charge of the money, and none of us would get a penny of it until we retired. He actually wants a list of our short-term debts, presumable so he can pay them off for us. I have never seen the will. I get an update by email or phone from a sibling once a month maybe. Do I have any rights? |
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| Author: | Micheal [ Mon Mar 08, 2010 10:32 am ] |
| Post subject: | |
Law's vary state to state. What may be true one place is different in another. Since I don't think anyone here practices estate law in Mississippi or wherever your mother lived, I don't think we're going to be able to give you solid advise. You might want to check and see if you can have the estate distribution audited, and see what rules apply in the appropriate state. One warning though, if your uncle does have pretty complete control of the estate, having it audited might make him a little peeved. Be tactful and polite, and talk with the other heirs to see what their take is, what they want to do. Challenging a will is pretty expensive and can cause the estate to disappear into the lawyers pockets. I have seen that happen to people before. |
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| Author: | LadyKate [ Mon Mar 08, 2010 10:37 am ] |
| Post subject: | |
She lived in Oregon, Micheal, where I grew up. Yes, my uncle is kind of a big dog in the business world. He did not get highly successful out of luck...he is a shrew businessman. Right after my mother died he flew straight down to Mississippi to get my dying grandmother to take my mom out of her will so that none of us could lay claim to moms share of grandmas estate. I will not be lawyering up, I just wondered if it was appropriate and if I had a right to ask him for a copy of the will. I'd like to see exactly what my mother said regarding the distribution of her estate and if she worded it that way or if she just left him in charge and that is his interpretation. |
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| Author: | Corolinth [ Mon Mar 08, 2010 11:02 am ] |
| Post subject: | |
I would think you have a right to read the will. Keep in mind, as far as whether you decide to hire a lawyer, that your mother's will was likely written by a lawyer, to be read and understood by another lawyer. |
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| Author: | shuyung [ Mon Mar 08, 2010 1:51 pm ] |
| Post subject: | Re: |
LadyKate wrote: Yes, my uncle is kind of a big dog in the business world. He did not get highly successful out of luck...he is a shrew businessman. Right after my mother died he flew straight down to Mississippi to get my dying grandmother to take my mom out of her will so that none of us could lay claim to moms share of grandmas estate. And right about there is where any and all concern for familial harmony should go out the window. Now it's a knife fight. |
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| Author: | LadyKate [ Mon Mar 08, 2010 1:55 pm ] |
| Post subject: | Re: Re: |
shuyung wrote: Now it's a knife fight. Yeah but all I got is a plastic spoon. |
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| Author: | Corolinth [ Mon Mar 08, 2010 2:07 pm ] |
| Post subject: | |
Without a lawyer, that will continue to be all you have. However, I advocate lawyer intervention for the reason I outlined in my prior post, rather than for an expected knife fight with your uncle. Without one, even reading the will isn't going to do you much good as it will almost certainly be written in legalese so as to be incomprehensible to the average person. |
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| Author: | LadyKate [ Mon Mar 08, 2010 2:18 pm ] |
| Post subject: | |
Yeah, I'm pretty much a coward when it comes to confrontation over things like this. I always talk myself out of them...figure my uncle will do his job and I'll eventually get about 30 Gs which will go towards debt anyway. |
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| Author: | Aethien [ Mon Mar 08, 2010 4:58 pm ] |
| Post subject: | |
LadyKate wrote: {snip} Yes, my uncle is kind of a big dog in the business world. He did not get highly successful out of luck...he is a shrew businessman. I think you meant to say "shrewd," but that's a funny type. You can definitely ask to see a copy of the will; maybe try one of the free or low-cost legal sites. Having done this (written a will and all that) (well, paying a lawyer to put it all together), the language should be pretty cut and dry, unless your mother had a crappy lawyer. At that point, it's how much you trust him (which doesn't sound like a whole lot). Appeal to his business instincts. No one wants to pay lawyers more than they have to, so maybe you can come to some understanding. (Nothing illegal, just everyone on the same page.) |
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| Author: | Colphax [ Mon Mar 08, 2010 5:47 pm ] |
| Post subject: | |
You shouldn't have to go through your uncle to get a copy of the will, you just need to contact the county courthouse. You may have to pay a fee to the courthouse for your copy, though. Even if you do talk to your uncle about the will, appeal to his business sensibilities--isn't it far better that both sides understand the contract and their rights and responsibilities as specified in it? |
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| Author: | Lydiaa [ Mon Mar 08, 2010 5:53 pm ] |
| Post subject: | |
You should be able to get a copy of the will from your mother's lawyer, I believe all mentioned in it is suppose to get a free copy, but laws might be different here. Contesting a will is a ***** and not worth it, but you should get what your mother wanted you to get. |
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| Author: | Vindicarre [ Mon Mar 08, 2010 8:05 pm ] |
| Post subject: | |
LK, Do you have an inclination to believe that your uncle would screw you over? Will the difference in money make up for the time, worry, money spent and possibility of further familial sadness? In my experience, it's best to just let it be unless you can honestly answer yes to the above questions. |
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| Author: | LadyKate [ Mon Mar 08, 2010 8:09 pm ] |
| Post subject: | Re: |
Vindicarre wrote: LK, Do you have an inclination to believe that your uncle would screw you over? Will the difference in money make up for the time, worry, money spent and possibility of further familial sadness? In my experience, it's best to just let it be unless you can honestly answer yes to the above questions. Not really, I'm just thoroughly confused about the whole process. At first we thought, ok we'll take the money and pay off debts, put some in savings, and some towards really needed home improvements and a second vehicle. But I don't think that is going to be allowed...it seems like my Uncle is going to take some and pay off everyone's credit card debt and then put the rest of it in a retirement fund that we're not allowed to touch. But I'm not sure...its all based on little pieces of info between several family members over the phone on rare occasions. Its like trying to play the game Clue and telephone at the same time. I would just like to know what's going on, officially. |
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| Author: | Vindicarre [ Mon Mar 08, 2010 8:16 pm ] |
| Post subject: | |
If it were me, I'd talk to my uncle. If all else fails, and he's just going to do as you believe, you could put those purchases/expenses a credit card (won't work with savings though). |
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| Author: | LadyKate [ Mon Mar 08, 2010 8:29 pm ] |
| Post subject: | |
If he'll ever return my calls, I will. He's a very busy man. |
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| Author: | shuyung [ Mon Mar 08, 2010 8:32 pm ] |
| Post subject: | |
He's not too busy for business, which this is. |
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| Author: | LadyKate [ Mon Mar 08, 2010 8:43 pm ] |
| Post subject: | |
No, he really is that busy. Spoiler: He just finished doing all of this with my grandmothers estate and wrapping that one up as the executor and negotiating everything with the lawyer, the real estate agent, and his 4 surviving siblings. On top of that he has our mothers estate to deal with and all of the things that go with it and 8 of us bothering him on top of his job. I sent him an email and left him a voicemail. He'll get up with me when he has time. |
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| Author: | darksiege [ Mon Mar 08, 2010 9:19 pm ] |
| Post subject: | Re: |
Vindicarre wrote: If it were me, I'd talk to my uncle. This, just even.. Hey I am looking for clarification on the will. I would also like to read through it and see the exact verbiage. |
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| Author: | Killuas [ Mon Mar 08, 2010 9:57 pm ] |
| Post subject: | Re: |
LadyKate wrote: No, he really is that busy. Spoiler: He just finished doing all of this with my grandmothers estate and wrapping that one up as the executor and negotiating everything with the lawyer, the real estate agent, and his 4 surviving siblings. On top of that he has our mothers estate to deal with and all of the things that go with it and 8 of us bothering him on top of his job. I sent him an email and left him a voicemail. He'll get up with me when he has time. Hey he is in my town, want me to swing by his place and smack him around for you? 
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| Author: | LadyKate [ Mon Mar 08, 2010 10:16 pm ] |
| Post subject: | |
Naw Killuas, I love my uncle. He just doesn't realize how important this is to me. |
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