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Message
Contesting a will
Posted on 9/30/16 at 10:02 am
Posted on 9/30/16 at 10:02 am
Everything was left to charity. Family was completely cut out even though they weren't estranged. Estate is very substantial. They have spoken to an attorney that didn't feel there was much chance to overturn it. Is there ever a chance to overturn?
8
Posted on 9/30/16 at 10:06 am to Latebloomer
wow that sucks.. sorry to hear about that.
Posted on 9/30/16 at 10:12 am to b-rab2
My ex father-in-law. Affects my 2 children that are grown, married college grads. No one in the family has ever asked for anything. Lost family farm that's been in family for 4 generations.
Posted on 9/30/16 at 10:12 am to Latebloomer
quote:
Everything was left to charity.
So you want to take money away from charity?
Posted on 9/30/16 at 10:13 am to Latebloomer
quote:this is total bull. I'm sorry to hear.
Lost family farm that's been in family for 4 generations.
Posted on 9/30/16 at 10:14 am to Latebloomer
quote:
Lost family farm that's been in family for 4 generations.
ask to buy it from the charity
Posted on 9/30/16 at 10:19 am to barry
Can't afford it. Estate is well into 8 figures. My ex and his sister are just normal middle class folks trying to get ready to retire. Father-in-law would have taken it with him if he could have.
Posted on 9/30/16 at 10:22 am to Latebloomer
Holy shite. That sucks.
Posted on 9/30/16 at 10:23 am to Latebloomer
Well, it was his. Should he not be able to do with it what he wants?
Posted on 9/30/16 at 10:23 am to Latebloomer
quote:
Everything was left to charity. Family was completely cut out even though they weren't estranged. Estate is very substantial. They have spoken to an attorney that didn't feel there was much chance to overturn it. Is there ever a chance to overturn?
there should be more to the story here.
how old was the father when he passed? did the father ever talk about estate planning with his children? who was the lawyer who drew up the will? did the father have any mental health issues? was the father a big time philanthropist before he passed away? who did the father name as executor of the will and estate?
I mean, if this whole thing is legit and the children love their father, then his children should respect their father's wishes.
ETA: If you can prove the father was mentally ill and/or the lawyer who drew up the will was corrupt; then maybe you have a shot.
This post was edited on 9/30/16 at 10:26 am
Posted on 9/30/16 at 10:26 am to Latebloomer
quote:
My ex and his sister are just normal middle class folks trying to get ready to retire
Do they live there?
Posted on 9/30/16 at 10:30 am to crazycubes
quote:
there should be more to the story here.
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.
Does he live in a place with forced heirship? If not, and he was of sound mind and body when he did the will, and had competent legal advice, probably not much you can do to contest it.
Posted on 9/30/16 at 11:06 am to Latebloomer
That sucks. I came in the thread to give you hell about being bitter, but it sounds like you weren't expecting to get anything, but are trying to look out for your kids. I understand wanting to leave money to charity, but not keeping a generational piece of property in the family is BS, iyam. There may have been much more going on in their relationships than you know about, but I agree, that's a crappy situation.
Posted on 9/30/16 at 11:21 am to Latebloomer
What are the details on the charity? Is it a legit one and did he have any relationship with anyone associated with it? Maybe he got scammed.
Posted on 9/30/16 at 11:24 am to Latebloomer
Definitely more to the story. My wife's family is relatively old money, and they spend more time on estate planning than most people on EBT do working an actual job.
There is little to no way the kids didn't know this was coming if they had a "good" relationship. That would mean the father "screwed" the kids after his death if they were planning on receiving something. If they had no idea what his plans were and the father that passed was 70 or older than that is not a good relationship, as they clearly didn't talk at all about the future.
Also very odd to me he would just donate a farm to charity. That's like a family business, most people want to pass their earnings they worked hard for to a family to continue to enjoy it. So he either hated it or didn't like his family.
There is little to no way the kids didn't know this was coming if they had a "good" relationship. That would mean the father "screwed" the kids after his death if they were planning on receiving something. If they had no idea what his plans were and the father that passed was 70 or older than that is not a good relationship, as they clearly didn't talk at all about the future.
Also very odd to me he would just donate a farm to charity. That's like a family business, most people want to pass their earnings they worked hard for to a family to continue to enjoy it. So he either hated it or didn't like his family.
Posted on 9/30/16 at 11:50 am to Latebloomer
sounds like the kids and grand kids should of visited more often
Posted on 9/30/16 at 1:16 pm to LSUFanHouston
I was a part of the family for 30 years. They were very private people and refused to discuss any type of estate planning with family. We lived out of state but were there for all Christmases and other extended visits throughout the year. Could not get them to visit us. Wouldn't leave the farm. He was never philanthropic except for possibly giving a couple of steers to the local high school. No forced inheritance laws in the state. He had strained relationships with everyone. Nothing anyone did, he was just that way. He had his wife sign everything over to him and she passed earlier this year. Charities are legitimate. He was "under their care" during his last days. Son and daughter were with him and the mother for most of last year. I don't think he ever loved anyone, only the farm.
No one has a problem with being charitable but as someone said, just want to be look after our kids interests. Never intended for them to be rich from their grandparents but it would have been nice for them to have had a little cushion in their life. My folks were blue collar but my mom left each of my brothers and I about $20000. I am so appreciative and It gave me a sense of security that I really needed at the time. Just wanted that for them.
No one has a problem with being charitable but as someone said, just want to be look after our kids interests. Never intended for them to be rich from their grandparents but it would have been nice for them to have had a little cushion in their life. My folks were blue collar but my mom left each of my brothers and I about $20000. I am so appreciative and It gave me a sense of security that I really needed at the time. Just wanted that for them.
Posted on 9/30/16 at 1:21 pm to Latebloomer
It was his property......despite the sentimental attachment to the family farm. Think of it this way: if he was sole owner of the farm, he could have sold it while he was alive and spent the proceeds at the casino, and you would have been unable to intervene legally. You say you weren't expecting anything for yourself, but for your kids: why? If you and Pops never had explicit convos about who was getting what, then your assumptions weren't based in reality. He got to choose, you're free to be unhappy with it, but a legal challenge would be expensive and not likely succeed unless he was profoundly impaired or the will is fraudulent.
Also, it's your FinL, right? There may be circumstances, family dynamics buried down deep of which you are unaware. Moving into soap opera territory, he may have raised children he knew weren't his.....families are full of twists and turns. Don't go poking into circumstances that may get ugly quick. Be proud that he decided to help others, rather than drinking it all away or frittering it on Pogs, Beanie Babies, or collectible ceramic shoes.
Also, it's your FinL, right? There may be circumstances, family dynamics buried down deep of which you are unaware. Moving into soap opera territory, he may have raised children he knew weren't his.....families are full of twists and turns. Don't go poking into circumstances that may get ugly quick. Be proud that he decided to help others, rather than drinking it all away or frittering it on Pogs, Beanie Babies, or collectible ceramic shoes.
Posted on 9/30/16 at 1:28 pm to Latebloomer
quote:
No one has a problem with being charitable but as someone said, just want to be look after our kids interests. Never intended for them to be rich from their grandparents but it would have been nice for them to have had a little cushion in their life. My folks were blue collar but my mom left each of my brothers and I about $20000. I am so appreciative and It gave me a sense of security that I really needed at the time. Just wanted that for them.
Sure it would be nice for Pops to break off a bit for the grandkids... but it's Pops' money. Sounds like he had issues with others.
Like goes on.
Posted on 9/30/16 at 3:34 pm to Latebloomer
He hasn't given anyone anything before his death? Or has he been filtering off money for them just not the farm? If you are worth over $10 million and don't give your grand kids $20,000 each then you are a POS. Unless your grandkids are bigger POS's.
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?
As said its his money, that's really too bad for everyone involved as he clearly felt slighted by his family whether that is legit or not.
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?
As said its his money, that's really too bad for everyone involved as he clearly felt slighted by his family whether that is legit or not.
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