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re: Contesting a will

Posted on 9/30/16 at 3:46 pm to
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37034 posts
Posted on 9/30/16 at 3:46 pm to
quote:

The guy had a farm that big, its not something you just take over out of no where. I mean maybe he was mad no one wanted to work the farm when he passed? Clearly no one was working it with him, because I doubt he would sell it from under them. I mean you said its been in the family for 4 generations, so then nobody wanted to be the 5th I take it?


To the OP, was most of the wealth tied up in the farm?

Depending on his total wealth and estate tax situation, there are rules that delay the estate tax when family farms are involved, but perhaps it would have been an issue to try to keep it in the family, by giving it to charity, there is no estate tax.

In addition... perhaps he felt none of the kids or grandkids wanted or could handle the farm. Now I'm curious who he donated the farm to.
Posted by crazycubes
Member since Jan 2016
5256 posts
Posted on 9/30/16 at 4:54 pm to
how old was the father?
how old are the children?
how old are the grand children?

who is the executor of the will?

If the grand kids are young, then I agree with another poster that the father was a huge POS for not at least skipping a generation and leaving his grand children anything,

Maybe you can find a lawyer (who is very good friends with the probate judge) who will take the case on contingency. You may owe said blood sucking lawyer 50% of the estate if you "win", though.
This post was edited on 9/30/16 at 4:56 pm
Posted by lnomm34
Louisiana
Member since Oct 2009
12605 posts
Posted on 9/30/16 at 5:45 pm to
quote:

should of


should have. should HAVE.

You mouth-breathing idiot.
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17252 posts
Posted on 9/30/16 at 6:22 pm to
quote:

have. should HAVE.

You mouth-breathing idiot.


frick you, and the horse you rode in on
Posted by lnomm34
Louisiana
Member since Oct 2009
12605 posts
Posted on 9/30/16 at 6:34 pm to
Touché
Posted by Jones
Member since Oct 2005
90447 posts
Posted on 9/30/16 at 9:58 pm to
quote:


The guy had a farm that big, its not something you just take over out of no where. I mean maybe he was mad no one wanted to work the farm when he passed? Clearly no one was working it with him, because I doubt he would sell it from under them. I mean you said its been in the family for 4 generations, so then nobody wanted to be the 5th I take it?


Could be the case.

He may have been aggravated that no one wanted it to keep it going and knew it would be sold the second he was gone.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 9/30/16 at 10:01 pm to
quote:

He may have been aggravated that no one wanted it to keep it going and knew it would be sold the second he was gone.


More than likely the case. The only thing that is strange is that if the deceased has planned this for a while there are ways to put the farm in a trust and have his heirs receive some benefits of the trust with the appraised price of the farm remaining in tact to donate to his charity of choice.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
118943 posts
Posted on 10/1/16 at 7:38 am to
quote:

Yeah, came here to say this.

An 8 figure estate doesn't just get left all to charity on a whim and with no planning. Significant planning occured here. If the heirs are old enough to consider retiring soon, pops must have been pretty up there in age. Did the heirs have a relationship with their father?

None of this should have been a surprise if they had a normal, functional relationship with their father. And if they did not have a good relationship with their father, than I can see why he'd want to leave it all to charity.


Yep. Ultimately, and it stinks for the potential heirs, if that was his wishes with his estate, that's where the money should go.
Posted by Ragnar Danneskjold
North of you
Member since Dec 2015
412 posts
Posted on 10/1/16 at 3:10 pm to
Lotsa judgementalism in here. If he's of sound mind, he can do whatever he wants with it. His "rightful heirs" can go do what the rest of us do: earn your own.
Posted by Poodlebrain
Way Right of Rex
Member since Jan 2004
19860 posts
Posted on 10/1/16 at 4:27 pm to
quote:

He had his wife sign everything over to him and she passed earlier this year.
There could be cause for challenge here. When did she sign over everything, and what was her condition? If there is evidence she made provisions for her children, and/or grandchildren, prior to losing the ability to changing her will, then your ex-wife might have a case.

The IRS could have fun with this estate. If the will was executed within 3 years of the ex-FIL's death, then the gift to charity may be disallowed as being in contemplation of death. The farm may end up in the IRS's hands instead of charity to pay taxes.
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