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re: OT lawyers and estate problem

Posted on 10/24/18 at 9:47 pm to
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 10/24/18 at 9:47 pm to
quote:

OK, let me try again.

The money that FIL got, can that be split away from MIL estate? Talking a bunch of money.



You've tried 5 times with no success.

1st I'd hire a magician to decipher the riddle that is your writing. Then hire an attorney to figure out what the magician can make of your words.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 9:49 pm to
Not if it was comingled in the community property of your in-laws.

It MIGHT go separately (and expensively) to his heirs, which sounds like it’s the same three kids unless you’ve got step or half children or something like the MIL leaving it all to a recent “good friend” or shady charity.

Maybe then it can be separated from her estate but I’d say it’s unlikely.

ETA: 100% go consult with an estate attorney ASAP.
This post was edited on 10/24/18 at 9:51 pm
Posted by LazloHollyfeld
Steam Tunnel at UNC-G
Member since Apr 2009
2138 posts
Posted on 10/24/18 at 9:49 pm to
Posted by countryboycansurvive
Rapides Parish, LA
Member since Oct 2017
124 posts
Posted on 10/24/18 at 9:49 pm to
quote:

there was never a sugsection for FIL.


Maybe try succession
This post was edited on 10/24/18 at 9:52 pm
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 9:51 pm to
quote:

ETA: Nobody plans to die but somewhere, some planning should be done before it ultimately happens.


I agree 100%. Myself, every thing I got after my Mom/Dad passed, when I got sick, I passed it all to my kids.
Posted by yaherrdme
The Place to Be
Member since Feb 2004
6006 posts
Posted on 10/24/18 at 9:53 pm to
quote:

Oh, there was never a sugsection


OP and this thread are definitely delivering.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 9:57 pm to
quote:

ETA: 100% go consult with an estate attorney ASAP.


The wife and her brother, sister did that. That dude had taking the easy way around things.

Problem, trying to protect FIL's money due to super high health bills for MIL. That is what it all comes down to.
Posted by baldona
Florida
Member since Feb 2016
24451 posts
Posted on 10/24/18 at 10:00 pm to
quote:

fishfighter


You are leaving out the part about who else is involved outside of the people that gave the money back to the MIL.

You said 3 people gave money back to mom and they should get it back. You never said who else was involved.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 10:01 pm to
Well that all had to be squared away at least two years before the health event started under normal circumstances.


Go find another estate attorney, though good luck finding an aggressive one.
This post was edited on 10/24/18 at 10:03 pm
Posted by Chuker
St George, Louisiana
Member since Nov 2015
7544 posts
Posted on 10/24/18 at 10:01 pm to
If I follow,


Your FIN died 20 year ago w/o will. He had menoy and legaly it would go to wifew and 3 childrec.

Children were well enough off that they didn't need to teh money so they gave it to mom.

Now one of them wants to say the money they gave to mom is actually thiers because mom never used it.

High interst in the 80's made money worht more now than then so hier thinks they are entitled to more? Is that the problem?

You should sober up and take this to the money board. They know there shite over their.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 10:01 pm to
quote:

Mingo Was His NameO


Screw you. Got that/ Been pissed on, rain on tonight and don't need shite from the peanut gallery.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 10:04 pm to
And I’m guessing the medical care givers are claiming the money is in the deceased MIL’s estate and are putting a lien on it for services rendered.

I don’t think there is any growth/valuation issue between the 3 heirs.

If it is ruled in the MIL’s estate in the succession, her final bills will be paid from it and the remainder, if any, inherited by the 3 heirs.
This post was edited on 10/24/18 at 10:08 pm
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 10/24/18 at 10:13 pm to
quote:

Screw you. Got that/ Been pissed on, rain on tonight and don't need shite from the peanut gallery


This post was edited on 10/24/18 at 10:18 pm
Posted by Rouge
Floston Paradise
Member since Oct 2004
138834 posts
Posted on 10/24/18 at 10:13 pm to
quote:

trying to protect FIL's money due to super high health bills for MIL. That is what it all comes down to.
if signed over to MIL 20 years ago, then no protections

If all a gentleman's agreement, then half the estate could be argued to still belong to surviving children.

Assuming Louisiana and no succession for FIL.

I signed paperwork when my dad died for momma rouge to have it all. Had a lot to do with real estate, stocks, etc.
This post was edited on 10/24/18 at 10:17 pm
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 10:19 pm to
No others. Just the three.
Posted by Norla
Member since Aug 2016
484 posts
Posted on 10/24/18 at 10:21 pm to
And I thought I was drunk tonight..Sober up and try again in the morning.
Posted by Rouge
Floston Paradise
Member since Oct 2004
138834 posts
Posted on 10/24/18 at 10:23 pm to
It does read like OPs wife and siblings are trying to weasel out of medical expenses. Not a good look.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 10:23 pm to
Got that Frog. Thanks. Kind of what is going on.

When I got sick, I flat out told the wife this would happen. Reason I gave everything to our kids besides our house.
Posted by Bullfrog
Running Through the Wet Grass
Member since Jul 2010
61781 posts
Posted on 10/24/18 at 10:27 pm to
Rouge, you had a good point that the whole estate may be able to be split in half, with the father in laws portion protected from claims against the mother in laws 1/2.

They’ll be some valuation issues and possible delayed inheritance tax things to work out, if that was all deferred when FIL passed.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/24/18 at 10:28 pm to
quote:

It does read like OPs wife and siblings are trying to weasel out of medical expenses. Not a good look.


Not really. MIL had all kinds of insurance. Just trying to protect what was the kids after FIL passed. It was the kids money before they turn it over to their Mom.
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