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re: Inheritance

Posted on 12/18/22 at 7:55 am to
Posted by baldona
Florida
Member since Feb 2016
23432 posts
Posted on 12/18/22 at 7:55 am to
quote:

My grandfather died then my grandmother gets dementia and my nannie had her change will where she gets everything.


Fwiw one knows what a Nannie is when you use it like this. I stand by this having been around multiple people that died the last couple of years, if you don’t know what the will says then there’s a damn good chance you weren’t close enough to the deceased to plan to get something.

Given that, OP if you are a beneficiary you’d have to be a huge jackass to cut someone in the family out. If you aren’t and feel screwed by a shitty family member then absolutely get your own lawyer if there’s enough money involved.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13868 posts
Posted on 12/18/22 at 8:29 am to
quote:

My grandfather died then my grandmother gets dementia and my nannie had her change will where she gets everything.


This “nannie” person is your aunt? The daughter of the deceased Grandmother? If the daughter took care of her mom with dementia for a couple of years, then she probably deserves the money. The legality of the will change probably depends on the level of dementia.

If this “nannie” is just some random caretaker, then I agree that it’s super shady.
Posted by ValZacs
Zachary/Valpo
Member since Jan 2009
638 posts
Posted on 12/18/22 at 9:27 am to
quote:

Does assigning beneficiaries on savings, 401k, life insurance, etc. go to those beneficiaries with no will?


Anything that has a beneficiary assigned doesn't go thru probate. Transfer on Death designations as well, such as used on vehicle titles, property deeds, bank accounts. All those you can assign a beneficiary and then those moveables, etc would not be included in a non-will (intestate) probate.



Posted by shoelessjoe
Member since Jul 2006
11191 posts
Posted on 12/18/22 at 6:58 pm to
The nannie is my aunt. She quit her job to take care of my grandmother but needed sitters to stay with her to take care of both of them. My nannie or aunt couldn’t even feed her. The sitters told me personally that she was abusive to her on multiple occasions yelling at her. When she would stay on weekends she would make my grandmother use bathroom in her diaper because she didn’t feel like getting up until sitter would arrive. She also gave my grandmother her medicines that contained controlled substances. My wife stopped her from doing it the second time. We got hospice involved and they commented that my aunt should not have been caring for my grandmother but she was given power of attorney when my grandmother changed the will where my grandfather gave 1/2 to my nannie and 1/4 to my father and my siblings. I’ve resigned to not fighting it in respect to my grandfather because he was my best friend when my dad was messing up. We were very close. My grandmother was always my favorite cook and someone I would constantly visit to see if I could do anything to help her. My aunt is on the slow side and may have ruined our relationship simply because she knows what I’m saying is right but is greedy and spoiled. I have memories that are all I need. My nannie retired from wal mart simply because she saw her being lazy and mooching like she always has. I don’t expect anyone to understand the hurt I have because my childhood was one of hurt from my father but was better because of my mother. My family was into farming and my grandfather started the business himself. My father ran it into the ground so I took it over in an affront to honor my grandfather while he was still alive. Those rides in the field reminiscing about the old days and him seeing that we were being successful put a smile on his face that I treasure. I almost lost everything to honor that man. Cried many days to my grandmother because I hurt so much because I couldn’t do enough because he meant so much. The money was an afterthought because I knew it would always be there. Knowing that my aunt had her friends go with my grandmother who was demented to witness the changing of will hurt. It’s why I hurt. She used her mothers illness to benefit her.
This post was edited on 12/18/22 at 7:09 pm
Posted by bluemoons
the marsh
Member since Oct 2012
5834 posts
Posted on 12/20/22 at 10:53 am to
quote:

Anything that has a beneficiary assigned doesn't go thru probate. Transfer on Death designations as well, such as used on vehicle titles, property deeds, bank accounts. All those you can assign a beneficiary and then those moveables, etc would not be included in a non-will (intestate) probate.


You're not wrong but your comment is far too general. Louisiana only recognizes transfer on death designations in very limited situations, and even then, it's generally based on caselaw and it is hairy. The law changed in 2016 to codify certain transfer designations, but the statute specifically stated that it doesn't interfere with community property or forced heirship laws. I.E. you may be able to make a TOD designation for your savings account, but you are likely still beholden to community property laws or other succession laws.

Life insurance and 401(k) or other retirement counts with designated beneficiaries pass outside of probate.
This post was edited on 12/20/22 at 11:24 am
Posted by The Torch
DFW The Dub
Member since Aug 2014
27929 posts
Posted on 12/20/22 at 12:14 pm to
quote:

Life insurance and 401(k) or other retirement counts with designated beneficiaries pass outside of probate


We are going through this now, one sister and me.

My mom named us beneficiaries on her life insurance, retirement accts so we received those pretty quick.

Everything else has been in succession for six months
Posted by achenator
Member since Oct 2014
3257 posts
Posted on 12/20/22 at 12:33 pm to
My wife’s dad died when she was 18 and he was 45. Cancer is a bitch. 25 years later Grandpa dies. Find out not long before he died my wife’s aunts and uncles had him rewrite the will to only include his children that were living to leave my wife out. I’m convinced that they did this because they knew their spoiled kids would come with their hand out. We don’t need any money from anyone but I get so pissed just thinking about it.
Posted by geauxpurple
New Orleans
Member since Jul 2014
16627 posts
Posted on 12/20/22 at 12:33 pm to
In the absence of a will, or if the deceased child was left property in the father's will, then the deceased child inherited from the father because that inheritance right was established at the time of the father's death. That inheritance will become part of the deceased child's estate. What happens to that portion depends on who inherits from that child. Will? Children?

It can become a mess when multiple people in the chain of title pass away.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135721 posts
Posted on 12/21/22 at 6:08 am to
quote:

Lawyer said last year to just do both successions after mother dies.
What does her will say?
quote:

Or just the surviving 4 children split inheritance?
Here is a helpful link, complete with links to all the state intestate succession laws.

As long as the grandchildren were the natural or adopted children of your mother's deceased child, I don't know of any state that would not award them a 5th split, subdivided equally amongst them.

It sounds like you're saying your mother doesn't have a will though. If that's the case, aside from firing your lawyer, she should draw up a will. Setting it up may not be fun, but infighting during intestate survivorship sucks to high heaven.
Posted by prostyleoffensetime
Mississippi
Member since Aug 2009
12258 posts
Posted on 12/21/22 at 6:40 am to
quote:

I can’t imagine fricking over my sibling’s children like that.


Much like suckers, there’s pieces of shite born everyday too
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