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re: Splitting inheiritance/death settlement for my daddy

Posted on 8/10/15 at 5:07 pm to
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/10/15 at 5:07 pm to
But isn't it fun watching all us interweb lawyers sort this shite out.
Posted by yellowfin
Coastal Bar
Member since May 2006
97811 posts
Posted on 8/10/15 at 5:07 pm to
Also C, D, and E aren't getting anything unless you pay them out of your share
Posted by jlu03
San Diego
Member since Jul 2012
3321 posts
Posted on 8/10/15 at 5:10 pm to
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/10/15 at 5:10 pm to
quote:

Also C, D, and E aren't getting anything unless you pay them out of your share


If I'm C; D; or E, I might not listen to this advice.

Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 8/10/15 at 5:12 pm to
I don't thing this is a personal injury claim which has already been settled. This is a wrongful death claim and the wrongful death statute should set forth all valid claimants (wife and children - biological and adopted)

If your sister already hired an attorney interview them and if you feel as though you can trust them and work with them is suggest strongly consider hiring them. They have to represent your interests with the same diligence as your siblings.

Did your dad have meso or lung cancer? Very few people with meso make it 18 months. And watch those releases from prior settlements. Many are full and final releases.

Eta: as for splitting prior property you will need someone who specializes in this area to sort out this mess.
This post was edited on 8/10/15 at 5:14 pm
Posted by captainahab
Highway Trio8
Member since Dec 2014
1608 posts
Posted on 8/10/15 at 5:14 pm to
Maybe Daddy should have stopped at B.

Posted by yellowfin
Coastal Bar
Member since May 2006
97811 posts
Posted on 8/10/15 at 5:15 pm to
I would think if you are adopted and raised by another man you aren't part of biological fathers inheritance but I just took a business law class 12 years ago
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/10/15 at 5:22 pm to
In Louisiana, an adopted child can inherit from both his biological and adoptive families.

Posted by yellowfin
Coastal Bar
Member since May 2006
97811 posts
Posted on 8/10/15 at 5:26 pm to
Should have known law wouldn't follow common sense
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/10/15 at 5:43 pm to
Why didn't your dad iron this out in his will? It's obvious all he cared about was getting his rocks off and not his offspring. I guarantee he left this estranged pile of shite on purpose.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 5:52 pm to
quote:

the fact you arent talking to a lawyer and are instead coming to the OT tells me you live in a trailer.


There has been a lawyer involved since the suit was filed about the wrongful death - the money is set to be disbursed (and has been for years) but we have to come to a way to distribute it so that everyone can sign off on it.

Trailer? Not hardly, dear. We own TWO houses free and clear which sit on our property of about 100 acres, also owned free and clear, including riverfront property, highly in demand hunting property and levee property.

Obviously I am not desperate for money as our 3 vehicles, tractors, accessories, 4 wheelers are all paid off and we don't own anyone anything.

But my 3 youngest siblings could use the money, especially my sister (the non-biological one) as she has an inoperable brain tumor which causes severe seizures and she has been unable to get SSI despite being unable to drive and cannot really work.

But thanks for your reply. I hope this clears up whatver you were confused about.
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/10/15 at 5:53 pm to
I'm sure the logic is to get the child money from everywhere so that state doesn't end up footing the bill.
Posted by tiggerthetooth
Big Momma's House
Member since Oct 2010
61496 posts
Posted on 8/10/15 at 5:57 pm to
This seems like a lawyer thing to go over.
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18315 posts
Posted on 8/10/15 at 5:57 pm to
quote:

Trailer? Not hardly, dear. We own TWO houses free and clear which sit on our property of about 100 acres, also owned free and clear, including riverfront property, highly in demand hunting property and levee property.

Obviously I am not desperate for money as our 3 vehicles, tractors, accessories, 4 wheelers are all paid off and we don't own anyone anything.




Oh so this was a brag thread. Well I'm a billionaire, run a 4.20, have a 11 inch pecker, and graduated with a 4.5 GPA
Posted by yellowfin
Coastal Bar
Member since May 2006
97811 posts
Posted on 8/10/15 at 6:12 pm to
quote:

quote:
Trailer? Not hardly, dear. We own TWO houses free and clear which sit on our property of about 100 acres, also owned free and clear, including riverfront property, highly in demand hunting property and levee property.

Obviously I am not desperate for money as our 3 vehicles, tractors, accessories, 4 wheelers are all paid off and we don't own anyone anything.



100 acres?

That's the family land you refer to in every other post?
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 6:12 pm to
quote:

Part A - He had also received a sizable settlement from having mesothelioma which was given to him, wife 3 and the 2 minor kids years before he died and was gone by the time he died.

Part B - Because dad died of the meso/lung cancer - there is another payout due to his heirs and we need to figure a way to split it fairly. It has been sitting in limbo for YEARS and younger sibling could really use it now.



quote:

We are going to say that total amount is $1,000,000
We are also going to assumed that Wife 3 and 2 minor kids received $300,000 prior to the death of your father.

split evenly amongst 6 blood children, so $166,666.67 per kid. However, two minor kids already got $100,000 prior to death, so that comes out of their share.

Youngest 2 get $66,667
Older 4 get $216,667


Thank you for giving an intelligent answer! This IS a real situation and I want ALL my sibling to receive, even the 3 that the law says have NO legal right to receive (C,D because they were adopted by their stedad) and (E) because she was not my dad's kid nor did he adopt her.

Yes the amount is about 1,000,000 and it is just sitting in a fund. There are no more lawyer fees for this. It is in our court to come to am agreement that ALL are willing to sign off on.

Wife3 received 500,000 just from the sale of dad's house and property and about 300,000 from the meso fund before he died.

This current money in question is fromm the wrongful death settlement and not subject to his will, not did he know it was possible for us to get it.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 6:18 pm to
Mahootney
quote:

6 natural born kids get 1/6th share of what is left. Usually people give 50% to current wife and 50% to all kids. But he could give 100% to wife and you don't get shite.

Since you are asking, I'll assume there was no will. Therefore it is up to your state laws.

Fyi. Non kid gets nothing. She/he has their own dad's inheritance.
Adopted C&D are still legal heirs.
Prior settlements have no impact on estates.


There was a will, this is Louisiana, the will did not take into consideration a wrongful death suit because it was not know that there could be one.

Non-kid is the one with the inoperable brain tumor and seizures. She has been my baby sis to me since she was 2 and I love her dearly. If need be (as I said before) I will split with her. I cannot reject her as she is the neediest.

La. Law says C and D are NOT legal heirs as their right were severed when their stepdad dad legally adopted them.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 6:24 pm to
quote:

Why is it like going to a carnival side show when observing trashy people fighting over their dead parents hovels?


A house and property by Lakeshore drive in Mandevile that sold for 500,000 is hardly a "hovel". We are not trashy and not fighting over this - we have yet to exchange any ugly words over this. We are looking for ideas from objective people about what seems most fair and creative ways to develop a formula to share,

I simply figured that among the OT that there would be some people who could over intelligent viewpoints and things to consider to ensure it is fair.

I knew there would be some who would be quite the opposite.

But either way, I wanted diverse opinions.
Posted by Panny Crickets
Fort Worth, TX
Member since Sep 2008
5596 posts
Posted on 8/10/15 at 6:27 pm to
quote:

I cannot reject her as she is the neediest.


Better take emotion out of this.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 6:29 pm to
quote:

If no will! This in the State of Louisiana


There was a will which I opted out of. I loved my dad for who he was and the life he gave me.

This is about the wrongful death offer of settlement from the meso/asbestos settlement. He did not know about that nor would it be in his control to distribute it - it is up to the kids to come to an agreement on and the money sits there gaining interest until then.

damdoldtiger:
quote:

Hire a mediator.
Actually that is an EXCELLENT idea!! I should have thought of that. However evil sister may not like that and she is indeed a greedy, mean biotch but I will run it past her,
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