Go Back  Bike Forums > The Lounge > Foo
Reload this Page >

A question of legalize and two wills

Foo Off-Topic chit chat with no general subject.

A question of legalize and two wills

Old 08-10-19, 10:42 AM
  #1  
Juan Foote
LBKA (formerly punkncat)
Thread Starter
 
Juan Foote's Avatar
 
Join Date: Jan 2010
Location: Jawja
Posts: 3,447

Bikes: Spec Roubaix SL4, GT Traffic 1.0

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 960 Post(s)
Liked 11 Times in 10 Posts
A question of legalize and two wills

To keep this very general. My father died, then my grandmother died 9 days later. She was never aware of, able to comprehend at that point what had happened. My father had "supposedly" written a will leaving all of his property to his 'live in' girlfriend whom he had never legally married. According to the lawyer that the family has hired on our behalf, because of the timing of his death, my grandmothers will supersedes his.

There were a considerable amount of personal property left by my grandmother and in particular two pieces of property left by my father. Only one of those properties were specifically named in my grandmothers will. For the one it was spelled out that one of the properties were to be split between me and my two cousins. The other wasn't named and is a parcel physically bordering my mother "girlfriend" in laws property and so far as I can find out she is in the process of ceding it into her own property....well....in a way.

So, when my father and grandmother died they lived "up there" at girlfriend and dad's place. All of the personal belongings of my grandmother and father were there. When they died my aunt hired a lawyer on our behalf and was attempting to disperse/distribute the actions of the will. The girlfriends family came up with this "other" will and magically all of the personal belongings have since disappeared or have been unable to be located. This is in a different state. It appears that my aunt's lawyer, working on our behalf is powerless or unwilling to take any action. We have tried contacting the police regarding some of the items in that we have good pictures, serial numbers, etc. They also seem to be unwilling to take any action on the matter.
Since right after the funerals the girlfriend family has served us with legal papers (I don't actually know the name of the "action") but basically barring us from having contact with them by any means, physical or digital. We were sent this long letter (from their lawyer) along with that paper alleging various misdeeds on our own parts.

I have since seen at least a small part of my grandmothers property in jewelry on the daughter of girlfriend in a social media posting. It is now gone, and I have been blocked from access with a known account.

Not really sure where, or if there is somewhere to move forward with attempting to get family property back. As above. Is anyone actually aware of some process that will help with this?
Juan Foote is offline  
Old 08-10-19, 01:23 PM
  #2  
ahsposo 
Thoroughbred Member
 
ahsposo's Avatar
 
Join Date: Jan 2010
Location: Santa Anita
Posts: 7,089

Bikes: A Home Built All Rounder, Bianchi 928, Specialized Langster, Dahon Folder

Mentioned: 23 Post(s)
Tagged: 0 Thread(s)
Quoted: 3110 Post(s)
Liked 139 Times in 93 Posts
Look under "Attorneys" in the Yellow Pages.
__________________
I Am An Immigrant
ahsposo is offline  
Old 08-10-19, 02:48 PM
  #3  
JonnyHK 
Senior Member
 
JonnyHK's Avatar
 
Join Date: Sep 2008
Location: London
Posts: 2,371

Bikes: Baum Romano, Brompton S2, Homemade Bamboo!

Mentioned: 3 Post(s)
Tagged: 0 Thread(s)
Quoted: 265 Post(s)
Liked 8 Times in 4 Posts
Originally Posted by ahsposo View Post
Look under "Attorneys" in the Yellow Pages.
yep.

If they are being this difficult so early, it's time to lawyer up and get ready for a long fight.

I'm so lucky my family are all lovely and the wills were reasonably well written!
JonnyHK is offline  
Old 08-10-19, 03:12 PM
  #4  
CliffordK
Senior Member
 
CliffordK's Avatar
 
Join Date: Nov 2014
Location: Eugene, Oregon, USA
Posts: 22,528
Mentioned: 172 Post(s)
Tagged: 0 Thread(s)
Quoted: 8714 Post(s)
Liked 103 Times in 93 Posts
You don't include any details of the GF. Short fling? Long relationship of years... perhaps decades?

Value of the estate?
Number of aunts and uncles?

But, as I understand it:

Anything separately owned by your father ==> GF
Anything owned by your grandmother ==> Whoever she willed it to, and their heirs.

This gets complicated because your father's heirs may not be his biological children???

But, the courts may interpret that your grandmother's assets are divided among her living children, and pass to the biological grandchildren unless explicitly stated otherwise.



Well, it sounds like you may well be going to court.

I wouldn't stress about the small stuff. I suppose it depends on the value of the estate, and where the money was. Any special heirlooms?

But, the big assets often are in land, savings, and stocks. Does your grandmother have assets to buy 1000 new couches?

You may not ever see some jewelry again, but for a court battle, if you argue "theft", then the judges may not look favorable on that.

Document and record everything, and the disposition of everything.

Don't let lawyers take the whole value of the estate, and leave you with NOTHING.
CliffordK is offline  
Old 08-11-19, 07:03 AM
  #5  
Rollfast
What happened?
 
Rollfast's Avatar
 
Join Date: Jun 2007
Location: Around here somewhere
Posts: 7,581

Bikes: 3 Rollfasts, 3 Schwinns, a Shelby and a Higgins Flightliner in a pear tree!

Mentioned: 48 Post(s)
Tagged: 1 Thread(s)
Quoted: 1575 Post(s)
Liked 74 Times in 69 Posts
Aretha Franklin had three wills and that will take a while, Lawyer up and prepare to take a bath.
__________________

Marcia Brady rode a ROLLFAST!
Rollfast is offline  
Old 08-11-19, 08:20 AM
  #6  
Juan Foote
LBKA (formerly punkncat)
Thread Starter
 
Juan Foote's Avatar
 
Join Date: Jan 2010
Location: Jawja
Posts: 3,447

Bikes: Spec Roubaix SL4, GT Traffic 1.0

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 960 Post(s)
Liked 11 Times in 10 Posts
Since there is already an attorney hired to be "looking after" our (side of the family) interests in this, and he seems unable to or unwilling to do anything concerning this...

It would seem that the alternative would be to throw money at various other ones, enriching their lives with good money chasing bad?

Seems to make it pretty clear on my end. I appreciate it.
Juan Foote is offline  
Old 08-11-19, 09:03 AM
  #7  
TakingMyTime
Senior Member
 
Join Date: Aug 2012
Location: Los Alamitos, Calif.
Posts: 1,327

Bikes: Trek 7.4 FX, 5200 & 7700

Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 328 Post(s)
Liked 44 Times in 24 Posts
Sorry to hear that you're having to go through all of this. I'm no legal expert but I would think that an attorney that specialized in Wills and Trusts would be able to possibly get some sort injunction halting the dispensation of a contested Will.

I am a huge advocate of Trusts over Wills. Regardless, I believe everyone should talk to their parents or relatives regarding what they want to happen once they're gone. That conversation is really not as hard as one might think. Anything not specifically covered by a Will or Trust, i.e. bank accounts, insurance and retirement accounts should be reviewed regularly to ensure the beneficiaries are properly assigned. Many times someone may fall out of favor with the decedent but they fail to update one thing or another, and it's then that you find out that your Dad's $100k savings account has his previous wife's name on it as beneficiary and although they have been divorced for 10 years, she gets the money.

Stay on top of these matters. No matter how distasteful it may seem at first, everyone will feel so much better once it's done. Also, by staying involved with this process you will be better prepared once any legal challenges arise.
TakingMyTime is offline  
Old 08-11-19, 09:18 AM
  #8  
caloso
Packfodding 3
 
caloso's Avatar
 
Join Date: Jul 2002
Location: Sacramento, California, USA
Posts: 38,129

Bikes: Ridley Excalibur, Gazelle Champion Mondial, On-One Pompino, Specialized Rock Hopper

Mentioned: 59 Post(s)
Tagged: 0 Thread(s)
Quoted: 1870 Post(s)
Liked 234 Times in 133 Posts
Hire a probate attorney.
caloso is online now  
Old 08-11-19, 09:47 AM
  #9  
Juan Foote
LBKA (formerly punkncat)
Thread Starter
 
Juan Foote's Avatar
 
Join Date: Jan 2010
Location: Jawja
Posts: 3,447

Bikes: Spec Roubaix SL4, GT Traffic 1.0

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 960 Post(s)
Liked 11 Times in 10 Posts
Originally Posted by caloso View Post
Hire a probate attorney.
It will likely be a better idea to try and wrap my mind around just letting this go. Having some long drawn out fight with people in another state, land somewhere that there will be a palpable discomfort, etc. just may not be the way to go about this. I say this in an effort to mentally let this go. It bothers me deeply and just more mad about it than anything. It isn't going to make or break me but it certainly isn't right that they get to just pick and choose through belongings that were never intended for them. There are specifically two things that I actually wanted, and not so much for value but for sentimental consideration and neither of those have turned up along with much else.

Even with the bit of land that was "dealt with" we come to find out that there are significant problems with the county and a local utility over it. My father was a packrat and saved everything. He spend the better part of 30 years landing all manner of crap down there. It was fine while the land was off the cut (so to speak) but the recent building of some premium homes overlooking it has started a battle all it's own. At this point we are faced with spending between 1/5 and 1/4 of the lands value to clean it off. It's mostly unimproved so by the time you build something on it.....
The worst part than that is that it was split between myself and two of my cousins. One of which hasn't a dime to her name, and the other which is inexplicably not speaking to the family, or me. I am the only one that can afford to do anything about the situation, in which if nothing is done the long term land lease faces being revoked and we lose it anyway.
Juan Foote is offline  
Old 08-11-19, 10:55 AM
  #10  
CliffordK
Senior Member
 
CliffordK's Avatar
 
Join Date: Nov 2014
Location: Eugene, Oregon, USA
Posts: 22,528
Mentioned: 172 Post(s)
Tagged: 0 Thread(s)
Quoted: 8714 Post(s)
Liked 103 Times in 93 Posts
Next time, make sure the GF takes all the JUNK before picking out all the choice items.

It sounds like cleanup will be a pain, but depending on what was collected, there could be at least some value in old cars, tractors, etc. Or you might find scrappers that will haul away metal for free.

But, it could also take some time to organize.

Putting a capital investment up front to recover money will be a hassle. Is the "broke" cousin able to donate time to the project?
CliffordK is offline  
Old 08-11-19, 11:19 AM
  #11  
Juan Foote
LBKA (formerly punkncat)
Thread Starter
 
Juan Foote's Avatar
 
Join Date: Jan 2010
Location: Jawja
Posts: 3,447

Bikes: Spec Roubaix SL4, GT Traffic 1.0

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 960 Post(s)
Liked 11 Times in 10 Posts
Originally Posted by CliffordK View Post
It sounds like cleanup will be a pain, but depending on what was collected, there could be at least some value in old cars, tractors, etc. Or you might find scrappers that will haul away metal for free.

Putting a capital investment up front to recover money will be a hassle. Is the "broke" cousin able to donate time to the project?
Some years ago the property popped up on the MLS and the wife and I contacted a scrapper/cleanup company. At that time there was enough metal on the property to help subsidise the costs. At some point between then and now illegal scrappers found the place and pretty much everything of metal/scrap value is gone. At the time we were looking at $5-6K, with them keeping the metal. The last estimate we got is North of $20K.

The cousin doesn't even currently have a car. Her and estranged husband have spent some time earlier this summer trying to do some cleanup, but it was more than they could bear (and/or) they were the ones doing the scrapping and now it's not worthwhile. I really don't know.
Juan Foote is offline  
Old 08-11-19, 11:40 AM
  #12  
CliffordK
Senior Member
 
CliffordK's Avatar
 
Join Date: Nov 2014
Location: Eugene, Oregon, USA
Posts: 22,528
Mentioned: 172 Post(s)
Tagged: 0 Thread(s)
Quoted: 8714 Post(s)
Liked 103 Times in 93 Posts
Who is the official executor of the estate? Executor of each estate?

It sounds like a process of cherry picking the good stuff has been going on for quite some time. And, it is not just the GF, but everyone has been picking a bit here and there. And, at some point all that is left needs to be thrown into a dumpster, or burnt, if conditions allow.

Big Estate Sale?

You can rent super-sized roll-off dumpsters for pretty cheap.

If you don't want to do the work, find someone to hire, with a good contract of what needs to be done. Then subtract from the estate.
CliffordK is offline  
Old 08-11-19, 05:47 PM
  #13  
AnthonyG
Senior Member
 
AnthonyG's Avatar
 
Join Date: May 2005
Location: Queanbeyan, Australia.
Posts: 3,855
Mentioned: 43 Post(s)
Tagged: 0 Thread(s)
Quoted: 1662 Post(s)
Liked 6 Times in 6 Posts
Yes to the above. Who is the executor of the estate. The cleanup is their responsibility and the executor really shouldn't have distributed anything until the whole estate was settled and cleared.
Although if there are blood relatives that aren't talking to each other then that's only going to make things harder to hold the girlfriend accountable.

Unless your the executor don't take responsibility for it although it may be worth at least consulting a lawyer for legal advice.
AnthonyG is offline  
Old 08-11-19, 11:08 PM
  #14  
caloso
Packfodding 3
 
caloso's Avatar
 
Join Date: Jul 2002
Location: Sacramento, California, USA
Posts: 38,129

Bikes: Ridley Excalibur, Gazelle Champion Mondial, On-One Pompino, Specialized Rock Hopper

Mentioned: 59 Post(s)
Tagged: 0 Thread(s)
Quoted: 1870 Post(s)
Liked 234 Times in 133 Posts
My dude, please stop soliciting legal advice on a bike forum. Seriously, speak to a lawyer.
caloso is online now  
Likes For caloso:
Old 08-12-19, 06:45 AM
  #15  
Juan Foote
LBKA (formerly punkncat)
Thread Starter
 
Juan Foote's Avatar
 
Join Date: Jan 2010
Location: Jawja
Posts: 3,447

Bikes: Spec Roubaix SL4, GT Traffic 1.0

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 960 Post(s)
Liked 11 Times in 10 Posts
Originally Posted by caloso View Post
My dude, please stop soliciting legal advice on a bike forum. Seriously, speak to a lawyer.
Lol, I love the part where you all seem to be missing...we HAVE a lawyer. Just looking for some outside the box (possibility) of an idea that we hadn't thought of.

My aunt is the executor, however she never had physical access to any of the belongings.
Juan Foote is offline  
Old 08-12-19, 07:18 AM
  #16  
indyfabz
Senior Member
 
Join Date: Jan 2010
Posts: 22,756
Mentioned: 167 Post(s)
Tagged: 1 Thread(s)
Quoted: 8835 Post(s)
Liked 520 Times in 322 Posts
Originally Posted by AnthonyG View Post
Yes to the above. Who is the executor of the estate. The cleanup is their responsibility and the executor really shouldn't have distributed anything until the whole estate was settled and cleared.

Unless your the executor don't take responsibility for it although it may be worth at least consulting a lawyer for legal advice.
+1. I served as the executor of my mother's estate. I was actually sworn in at the Register of Wills office. Unless the applicable state's law is abnormal, the executor (or administrator, if no executor is named in the will) has a fiduciary obligation to collect assets and account for assets and distribute them according to law.

My mom's estate was simple as she died with no real estate or tangible personal possessions to speak of. Yet it was still a PITA. Took a couple of years to make a final distribution. That was due in large part to having to file a state inheritance tax form, which takes months and months to be reviewed.

I sometime joke with people that if you want to get back at your worst enemy from the grave, name them the executor of your estate.
indyfabz is offline  
Old 08-12-19, 07:41 AM
  #17  
AnthonyG
Senior Member
 
AnthonyG's Avatar
 
Join Date: May 2005
Location: Queanbeyan, Australia.
Posts: 3,855
Mentioned: 43 Post(s)
Tagged: 0 Thread(s)
Quoted: 1662 Post(s)
Liked 6 Times in 6 Posts
Originally Posted by Juan Foote View Post
Lol, I love the part where you all seem to be missing...we HAVE a lawyer. Just looking for some outside the box (possibility) of an idea that we hadn't thought of.

My aunt is the executor, however she never had physical access to any of the belongings.
The L.A.W. in this case is on the side of the executor. There is no law in the land that will or can deny the executor access. The Executor needs to get legal advice and its quite likely in the executors power to seek the return of anything that's already been taken.

You say you have a lawyer. You need a better one.
AnthonyG is offline  
Likes For AnthonyG:
Old 08-12-19, 08:03 AM
  #18  
Juan Foote
LBKA (formerly punkncat)
Thread Starter
 
Juan Foote's Avatar
 
Join Date: Jan 2010
Location: Jawja
Posts: 3,447

Bikes: Spec Roubaix SL4, GT Traffic 1.0

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 960 Post(s)
Liked 11 Times in 10 Posts
^ Ok, so this get's to something. If the executor legally has to have access, how were they able to get this "order" that we are not to have contact with them?
I have not seen this document, and even if I had wouldn't know what to make of it from a legal standpoint. I wouldn't figure it to be a "restraining" order but don't know really what it COULD be.
Juan Foote is offline  
Old 08-12-19, 10:31 AM
  #19  
Phil_gretz
Journeyman Bike Commuter
 
Phil_gretz's Avatar
 
Join Date: Aug 2009
Location: Alexandria, VA
Posts: 5,124

Bikes: '71 Jeunet 630, '79 Peugeot PXN10LE, '88 Fuji Saratoga, '13 Motobecane Fantom29 HT, '16 Motobecane Turino Pro Disc, '16 Motobecane Gran Premio Elite, '18 Velobuild VB-R-022

Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 599 Post(s)
Liked 114 Times in 71 Posts
What a mess...

In my limited experience, the executor should step in immediately. The probate lawyer works for the executor. As an heir, you have virtually no leverage until/unless the executor has done her job.

In the two cases where I've been executor, the County of the deceased residence required that an accounting of assets and list of claimants be provided to the County (in my case, two bodies, the county Administration of Estates (through the probate court), and the Commissioner of Accounting (who validates the accounting developed and provided by the executor)).

Your aunt needs to step up. She needs the probate lawyer to be working for her.

Last edited by Phil_gretz; 08-12-19 at 10:31 AM. Reason: nested parentheses
Phil_gretz is offline  
Old 08-12-19, 12:27 PM
  #20  
bikecrate
Senior Member
 
bikecrate's Avatar
 
Join Date: Jan 2005
Location: LF, APMAT
Posts: 2,264
Mentioned: 8 Post(s)
Tagged: 0 Thread(s)
Quoted: 441 Post(s)
Likes: 0
Liked 13 Times in 13 Posts
Having almost gotten sucked into this kind of stuff...my non lawyer advice is...be prepared to walk away if you value your mental health.
bikecrate is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.