RANT MODE - Wills and the Courts

As some of you know I recently lost my grandmother. In addition I was asked to be the executor of her estate. My grandmother was a stickler for details and her will reflected that due to it being 15 pages long with pretty much everything spelled out. When I read the will I thought to myseld, "Good, everything is already done and I just have to make certain it happens the way she wanted".

Today I get a certified letter saying the will is being contested by a distant uncle. (I haven't seen or heard from him for at least 20 years.) By court order I now have to put EVERYTHING on hold including putting the home on the market. Of course that means added expense that the estate will have to shell out for and who knows how much wasted time.

My rant - I don't believe the courts should get involved when someone takes the time and effort to clearly put their wishes into writing. I have no idea why my grandmother left him out (well I do but its not my place to judge) but if that was her last wish then I feel it should be respected. It bothers me deeply that a life time of work and the person's last wishes can be set aside and disregarded in this manner.

Re: RANT MODE - Wills and the Courts

buddy... i know your pain......and i totally agree with you...

greed is a really carpy thing.

Re: RANT MODE - Wills and the Courts

Bubba1235 said:

My rant - I don't believe the courts should get involved when someone takes the time and effort to clearly put their wishes into writing. I have no idea why my grandmother left him out (well I do but its not my place to judge) but if that was her last wish then I feel it should be respected. It bothers me deeply that a life time of work and the person's last wishes can be set aside and disregarded in this manner.

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I agree Bubba....
It has always disgusted me to see how ugly, and narcissistic some people become when a relative has died, and they believe they are entitled to something or more than they got. If you truly cared for the person who has passed, then honor their wishes even if you do not agree with them.

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I was my mother's executor and it went fairly smoothly, but the probate process seemed to go on forever, with every little detail being held to the letter. There's never anything to stop a relative from challenging a will. It was right at a year to get my mom's estate cleared and we had no real glitches or challenges. So just hunker down and try to be patient with the process.....about all you can do.
Good Luck!

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yep ...

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Greed in ones death turn people ugly

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You seem to be assuming that the Judge will decree something different than Grandma's wishes, Bubba. Probably not. The law allows persons legally related to the departed to challenge the validity of any will. That does not mean that, like any civil action, the challenge will not be thrown out.

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I would immediately file a counter suit, as the executor you have that right, demand all court costs for both cases, may not go far but its worth a try, and paperwork for filing isnt as much as a whole court case, may just shake the cranky ole bastage up a bit

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I have uncles who have not spoken to each other for over a decade as a result of a contested estate. Somehow way back when, the judicial system decided that wills needed to be evaluated for "fairness" by arbitrary means if anyone remotely connected by blood or marriage felt "left out" rather than abide by the wishes of the departed. I hope for a quick and stress free resolution for you.

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Bubba1235 said:

Oh I know JB but this turned a straight forward situation into a danged mess that's going to eat time and money and the only "winners" will be the lawyers. I wish the probate courts had the authority to simply read the will themselves and tell the person to take a long walk on a short pier. Not gettign what you think you should is NOT a reason to take it to court.

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To be fair, this is what probate court is for.

With a 15 page will, did she bequeath property, etc. that he may be part owner of?

It may be frivilous, it may not.

Sorry you are stuck in the middle.

Your time is chargeable, against the estate, just like the lawyers.

Re: RANT MODE - Wills and the Courts

mscher said:

To be fair, this is what probate court is for.

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^^^ Bingo!!

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I feel for ya, I`m going through a situation here. Not with a relative but the ins. co. My Dad had a term life policy that he rolled over 2 years ago. A little over a year ago he was diagnosed with cancer that he fought until November before he passed. Now the insurance co. a major one with 3 initials in their name. Are trying to say that his condition was preexisting and they dont want to pay up. My Dad had life, cars, homes, motorcycles, boats you name it. All ins. through this co. for over 40 years and now this. He had a will and living will drawn up years ago, should have been open and shut and now it will get ate up by lawyers. And people wonder why some peeps go postal.

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It's disgusting when people come out of the woodwork to cash in on the death of a relative.
Sad and pathetic.

Everyone should have a clear will and all parties should know the contents of said will.
The "reading of the will" should never be a dramatic surprise like you see in the movies.

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The girl I'm seeing has been drawn into one of these battles. Someone's contesting the will over a $1500 car.

If I was willed a cheap car, and someone contested the will for it, I'd probably give it to them, on the condition that I never see or hear from that person again. What a waste of space... Damn vultures.. have some decency.

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Each of us kids have a complete copy of our parent's will and estate plan.
No surprises.

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I have been told by several people, and 2 lawyers, ( people separated from lawyers intentionally) , that you should never leave someone out of a will. This is their opening to contest the will, and they may just be doing it out of spite.

I know my grandfather left $1 to everyone that might have grounds to contest his will, such as ex-spouses of his children.

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"When its not about money, its all about money."

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Bubba, I also know your pain and frustration.

My father died 12 years ago. No mortgages, one piece of property, typical final expenses. Within a couple of years, Mom, now 80, was ready to downsize. We helped get the marital residence sold and got her into a real nice, new duplex-style townhouse. She's set to go; Dad's retirement from the Navy, Reserves and state retirement were plenty to supplement her own retirement from teaching. No mortgage, no significant debt, $150K cash in the bank (and GROWING).

Fastforward. Mom's now 90 and needs to plan for her coming "changes" of lifestyle, so my sister, the "MBA accountant" completes an exhaustive review of her financial situation. SURPRISE! Her review reveals that Mom now owns 13 pieces of property (10 of which are located in a neighborhood of HUD-subsidized, delapitated singlewides) and two very large mortgages (one on her townhouse, another on a teardown near the coast). The worst part? Less than 23K in cash and falling due to the increased debt load and expenses of these properties. Given the budget she started with, the income should have allowed the cash to grow to more than 350K. WHAT HAPPENED?

Turns out that within two months of Mom's move to the townhouse an "advisor" whom she trusted began a systematic "bloodletting" of her cash, convinced her that she needed to invest her money in real estate, and that he would guide her through the process.

Today, at the time in her life that she needs significant cash to make the transition to assisted living, she has virtually none. Instead of plenty of cash flow for living, her debts and expenses exceed her annual capacity. The properties were all purchased between 2001 and last year. Upon review, her net worth is now negative due to the fall in real estate values (the last purchase he paid more than the assessed value!)

The advisor holds two degrees: CPA and JD. Other than my mother, the advisor has no other clients. The advisor is my brother!

Hang in there...it could be worse...

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How did uncle find out he wasn't included? Was there a reading?