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re: Splitting inheiritance/death settlement for my daddy

Posted on 8/10/15 at 6:32 pm to
Posted by Front9Bandit
Member since Dec 2013
15432 posts
Posted on 8/10/15 at 6:32 pm to
quote:

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


No fricking doubt
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 6:37 pm to
quote:

I agree with your assessment. All kids of dad should get a share, regardless of the mother.


Thank you, i wish my evil sis felt the same way - there would not be this problem if not for her (and for wife # 3) who is also greedy, cold and mean - even her own 3 kids really don't like her.

yankeeundercover:
quote:


a)Have you ever heard of an estates attorney?
b)Why people come to OT with realistic and comprehensive legal issues is beyond me.
c)It's more so a "hey look at me and my life" post that anything else.



a) We have an attorney and he has done his job but WE siblings have to find a solution that we are all happy with
b)I wanted general opinions on an equitable way of splitting it - people here have siblings, have dealt with inheritance and may have some insight to share.
c) not, I have admitted that this is a clusterfluck. i am not looking for attention, only intelligent or creative solutions
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
109178 posts
Posted on 8/10/15 at 6:39 pm to
Send it all to me and I will provide a fair split.
Posted by damnedoldtigah
Middle of Louisiana
Member since Jan 2014
4275 posts
Posted on 8/10/15 at 6:41 pm to
The Mediator can serve as a neutral third party and can say things that family members perhaps would rather not say to each other if possible due to the potential for permanent damage to relationships.

Another thing you can do is appoint an Arbitrator who can simply create a formula for division that everyone has to live with. Again, a neutral third party, and everyone signs off on agreeing to whatever decision as being final.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
79863 posts
Posted on 8/10/15 at 6:47 pm to
Are you in LA, and who is under 24?

There are forced hers in LA but i am not sure what happens when another person adopts an heir.

I don't think it makes them no longer your heir. Seems a bit fricked.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87749 posts
Posted on 8/10/15 at 6:48 pm to
quote:

It's pretty impressive you typed all that out for a made up story



I haven't seen GoldenNugget lately
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 6:48 pm to
quote:

so current wife at time of death gets nothing?
Sounds like she's entitled to 50% according to law then the kids divide the rest
I don't know how someone can be dumb enough to die without this worked out


Again, dad did not know about the death benefit and it was not within his control to distribute it, wife 3 did not know about it either. We allowed wife 3 to get the $500,000 for the house/land, plush she got the meso settlement money that was given before dad's death and KNOWINGLY and fraudulently ommitted his other 4 children off of that.

Actually none of the kids, (including her own 3) think she deserves anything off of this as she took her own kids money from the house and pre-death settlement and kicked them out without anything. I assume she will leave it to her kids when she dies.

But she is a spendaholic, bitter alcoholic who may just die before we come to agreement and some say to just wait till she dies so we dont have to worry about her negative influence because she does NOT want the siblings to get along
Posted by SEC. 593
Chicago
Member since Aug 2012
4417 posts
Posted on 8/10/15 at 6:58 pm to
What did your father do to contract mesothelioma?
Posted by N2cars
Member since Feb 2008
40413 posts
Posted on 8/10/15 at 7:00 pm to
Hon, you need a lawyer right now.

Find one that specializes in estate law. Big firm, lots of partners. The next time you see USMC03Tiger ask him for a rec. Do this ASAP.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 7:07 pm to
quote:

The only correct answer here is hire a lawyer


Which is why we hired one first thing - he did his job but it is up to the siblings/wife to come to an agreement before the money is disbursed.

Dorothy:
quote:


a)Wait, were C & D your dad's biological children and he allowed them to be adopted by their later stepdad or were they Wife 2's kids by another man and your father adopted them? If C & D were his kids he gave up, then it seems like they have no claim on his estate. If he adopted them, then they should be considered equal to his other biological children.

a) answer: C,D were dad's bio kids by his 2nd wife. Dad and wife 2 divorced and C,D's new stepdad wanted to adopt them to give them every advantage of being his kids (insurance, inheritance, etc). He asked my dad to do this and promised that C and D would see our dad every weekend and he would still be their dad in every way except for the adoption which was to benefit C and D. So yes, their rights were signed away (and to be honest C and D don't care about getting this money). BUT that bothers me, they are my sisters and I don;t want money if they don't get it too. But sister A is a bitch and refuses to share with them. She hates them ( and all of us really because she thinks only she is entitled to all the money

b)And what about all that "family land" that you live on that has been in the family for generations and you're trying to keep your son's baby mama from getting her hands on?

That land is in my husband's familt - totally different issue - and his family is very open about who gets what and they have always known what they will get so there will be no issues. I admire that,

Baby mama has no issue with that. The land is her child's birthright. She is no problem with it being her child's inheritance from her family. BM will have the right to live on and rent out this land till she dies. I have agreed to the same deal. I only want the right to live here till death - the land is for our children, we want to give our children everything, including a home and land that has been in the family for generations. Our land has stayed in the family for generations because of this



I'm so confused 'cause I can't keep the family saga story lines straight. I guess I need to continue to tune in for next week's episode...


I am truly sorry it is so confusing. This is why I usually avoid all family inheritance drama, But in the case of dad's settlement, if I drop out them evil sis (A) will make it miserable for everyone. If i stay involved and she screws my other C,D and E out of it, I can share my portion with them. I am not into money.

Anyone who has read many of my crazy posts, knows that I am considered stupid for walking away from money the way I do in other situations. I have just seen too many families torn apart by money.

i am trying to hold me and my younger siblings together by including (C,D, and E) and protecting a share of money that I believe they deserve. E needs the money so badly, she could die at any time from the inoperable brain tumor and seizures. I love her, I want to take care of her.
This post was edited on 8/10/15 at 7:27 pm
Posted by TSLG
Member since Mar 2014
6724 posts
Posted on 8/10/15 at 7:10 pm to
I got a dollar that says the attorney regrets the day that he took the case.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 7:11 pm to
quote:

I would agree with those who have stated the wrecklessness of NOT having a will made out. It is actually one of the better gifts one can leave for their family to cut down on the fighting.

My father refused to do a will and while alive actually told my now ex-wife that he was just going to let the two boys fight it out. I have resented him over that decision as it resulted in many years of unnecessary fighting as the other sibling wanted everything. Took a couple of lawyers to get through that. Destroyed whatever slim chances there were for a constructive relationship. Then again, said sibling is such an a-hole that his own son can't wait for him to die. Said sibling is now 72.


I agree 100% I have seen too many families torn apart by money, wills and greed. This is one reason why I prefer to not get into the fighting over money. I don't need it and from what I see it do to people and families, it disgusts me.

I would rather be poor and honest than rich and a greedy, thieving person who crapped on family and friends to get money away from them.
Posted by theronswanson
House built with my hands
Member since Feb 2012
3271 posts
Posted on 8/10/15 at 7:31 pm to
quote:

but WE siblings have to find a solution that we are all happy with


You have no idea how wrong you are.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 7:47 pm to
quote:

personal injury funds are separate property of the injured spouse. if not addressed in the will, sounds like acknowledged kids should split.

My answer: Thanks, do believe this is the case and what people misunderstood.

quote:

Uh oh. A wrench just got thrown in dis bitch. What is the settlement compensating him for? Loss wages? Pain and suffering?

Also, why are we talking about the two children giving anything back? The man got a portion of the settlement while he was alive. Before death, he and his family spent the shite. I don't think the op meant that his settlement was split between wife 3 and the 2 kids.

We need more info:
- will?
- ages of children
- THE MOTHER frickIN' STATE
- and pictures

Ok. Maybe we don't need the last one.


My reply: This final settlement is for wrongful death.

* My dada, the wife and 2 her 2 kids did indeed receive a portion of the pre-death settlement in their names. She spent all of it, My dad knew little about it,
* she neglected to mention the 4 other daughters existence which was fraudulent.


*There was a will, written up by her, witnessed by her (she is a notary, and witnessed by her family and friends as dad was in hospice, looped up on drugs. Highly unethical but we did not fight it. We are not money hungry, we just want a fair settlement for this death benefit for the siblings.

*all 7 sibling were legal age when dad passed away.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 7:55 pm to
A most sincere thank you to those taking this seriously. I only want to do what is fair for my sibling. I want my dad t know that his children can work together and become close.

So I appreciate you putting up with this long-azz drama filled soap opera - this is not how I live normal life and I am at a loss as to how to deal with it

I figured some of you would have intelligent or experienced answers and I thank you for that!!

I want to protect the ones that Evil sis (A) wants to screw over. She hates all of us and thinks everything should go to her but she didn't even bother to do to the funeral.

wife 3 did everything she could to alienate A,B,C,D from being able to see dad and poisoned E,F,G's minds against us.

E knows better and we are best of friends but my mom pulled some shitty tricks during Dad's last hours on earth, threaten people and to break into dads house while he was being buried and all sorts of other unnecessary stuff.

Poor F, and G had such a terrible childhood with thei mom and are wary of me - all i really want is a friendly relationship with my youngest sis and bro like i do with c,D.E,
Posted by retired trucker
midwest
Member since Feb 2015
5093 posts
Posted on 8/10/15 at 7:58 pm to
I tend to lean towards what peoples needs are.

so, if you can assess that,
then you are halfway done.

other considerations are, what does the law say per your state. it may override peoples needs.

good luck
Posted by SirSaintly
Uptown, New Orleans
Member since Feb 2013
3187 posts
Posted on 8/10/15 at 8:00 pm to
quote:

100 acres?

That's the family land you refer to in every other post?





100 acres ain't shite. Whenever this crazy bitch referred to her "family land" I was picturing thousands of acres.
Posted by stout
Porte du Lafitte
Member since Sep 2006
184716 posts
Posted on 8/10/15 at 8:00 pm to
Who the hell puts this much personal info into one post on a message board?

Jesus....
Posted by stout
Porte du Lafitte
Member since Sep 2006
184716 posts
Posted on 8/10/15 at 8:05 pm to
quote:

100 acres ain't shite. Whenever this crazy bitch referred to her "family land" I was picturing thousands of acres.





Yea I was picturing a big place full of the other cult/"family" members.
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/10/15 at 8:39 pm to
quote:

wife 3 gets half and the other half divided x 7 ,did dad own house outright before marring?if dad treated stepdaughter as his own,give her a share.


Dad built the house himself (for wife2) and owned it outright. No mortgage. i have no problem with the splitting it between the se kids equaly but (A) will as (C,D, E) have no legal right to it -

Also Wife 3 has already gotten 800,000 which she has not shared with anyone, not even her own kids.

So the one thing the kids all agree on is that her portion of any of this new settlement should have the amount she already go (or the amount she did not share with the kids). We know that she manipulated dad while he was on heavy narcotics and didn't fight it but we don't feel she deserves death benefit this as well after how she misused her notary status to skew the will. We just let it go, none of us (except sis "A") wants to fight.

She will die soon in the next few years as a heavy smoking, hard drinking obese and bitter person and then we wont have to share at all and she has not right to assign her portion to anyone if she dies. So my evil greedy sis just want to wait it out until she goes and then come together and deal with it.

I'm not evil or greedy, i just want to settle it, help my sibling and to have a relationship with them
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