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re: Splitting inheiritance/death settlement for my daddy

Posted on 8/11/15 at 7:41 am to
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 8/11/15 at 7:41 am to
quote:

Also, how will they ever find the school in the middle of 100 acres?


When they learn geography, they will take huge expeditions across the vast lands they own to learn of all the different areas that fall within their kingdom. There is no reason to learn of that which is beyond "THE 100 Acres".



Alright, I think I'm done being an a-hole for the day.
Posted by stout
Porte du Lafitte
Member since Sep 2006
184716 posts
Posted on 8/11/15 at 7:45 am to
Posted by Spirit of Dunson
Member since Mar 2007
23112 posts
Posted on 8/11/15 at 7:47 am to
I love how, when enumerating their "holdings", she didn't leave out tractors, 4-wheelers, and sheds. Did she just list every asset she has?

quote:

2 houses, 2 shops, sheds, barns, 4 pastures

then from the electricity bill thread:
quote:

But that includes elec for our whole property
2 houses
2 shops and
2 sheds on the property,
to run our well,
for 2 large street light in our yard,
to run the cattle troughs, etc.


We shouldn't be too tough. Maybe the land is historic.
This post was edited on 8/11/15 at 7:54 am
Posted by glassman
Next to the beer taps at Finn's
Member since Oct 2008
118620 posts
Posted on 8/11/15 at 7:50 am to
quote:

she didn't leave out tractors, 4-wheelers, and sheds. Did she just lise every asset she has?


Depreciating ones at that.
Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 8/11/15 at 7:56 am to
Mesothelioma is a very rare cancer caused by inhalation of asbestos. It is 100% fatal usually within 12-18 months although may be much faster. It's an awful disease that can be caused by very very low levels of inhalation.

Not trying to beat on you but he did not have lung cancer caused by mesothelioma.
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 8/11/15 at 8:01 am to
quote:

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


You are looking at this wrong and the youngest two get screwed this way. I agree with the even split of the 1 million where each of the 6 get 166.66k and take 100k away from each of the youngest, but you should split that 200k 6 ways so the fair split would be:

Youngest two: $100k ea
Older four: $200k ea
This post was edited on 8/11/15 at 8:01 am
Posted by stout
Porte du Lafitte
Member since Sep 2006
184716 posts
Posted on 8/11/15 at 8:01 am to
From what we have been told about my dad is your chances of getting lung cancer if you smoke are like 20-30% but that chance goes up to 80% or something if you smoke and are around asbestos which is why people with lung cancer get money from the fund they have set up.
Posted by MSTiger33
Member since Oct 2007
21757 posts
Posted on 8/11/15 at 8:05 am to
quote:

The case is settled, the money is there, just waiting. We just have to come to an agreement in how to split it. There are less costs involved as I did the paperwork, looked up witnesses, gather med records, etc.

Because of this, the layer took less of percentage and offered me a position helping him research cases on certain cases doe colleagues that is not involved in

The money is sitting there gaining interest. The lawyers duties are pretty much ever except turning over the money.


For the love of God, this thread makes my head hurt. Based on the facts you provided, the settlement proceeds are an asset of the estate and should be treated as such. I don't understand why your attorney thinks the proceeds should be categorized as anything other than an estate asset unless you left out some facts.

ETA: that you paid an attorney a percentage for this case and made you do the work. Should have went to a T&E attorney. A T&E attorney could have wrapped this up in a couple of weeks for under $2,000.
This post was edited on 8/11/15 at 8:15 am
Posted by yellowfin
Coastal Bar
Member since May 2006
99045 posts
Posted on 8/11/15 at 8:15 am to
quote:

Alright, I think I'm done being an a-hole for the day.


Why? It's not even 8 AM yet

Posted by stout
Porte du Lafitte
Member since Sep 2006
184716 posts
Posted on 8/11/15 at 8:36 am to
TIL that building any old shed on your property is an immediate asset and significantly raises the value of your land 10X what said shed costs to build.
Posted by LSUGUMBO
Shreveport, LA
Member since Sep 2005
9933 posts
Posted on 8/11/15 at 8:38 am to
quote:

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.



She cannot by law be a witness and a legatee to a will. At the very least, she should be reported to the notary board- I would have definitely sued to get the will thrown out, though.
Posted by chryso
Baton Rouge
Member since Jul 2008
13996 posts
Posted on 8/11/15 at 8:49 am to
I think this story would be much more fun if instead of the names A,B,C,D,E,F and G you used names like Pooh, Piglet, Tigger, Owl, Rabbit, Kanga and Roo. Instead of the phrase, "family land" we can call it the "Hundred Acre Woods."
Posted by Paige
Vice President of the OT
Member since Oct 2010
85640 posts
Posted on 8/11/15 at 9:03 am to
quote:

Instead of the phrase, "family land" we can call it the "Hundred Acre Woods."
Posted by CoachDon
Louisville
Member since Sep 2014
12409 posts
Posted on 8/11/15 at 9:12 am to
I hate hearing about white trash haggling about their dead parents assets. Who gets off on how much they can get from another person, especially family, fricking dying. You suck at life and so does your weirdo family. However, you came to the right place to get the most reasonable answers in the world.

FYI, when my parents died, I set up scholarships in my son's names at their high school. When my sister died, I did the same at her school.
Posted by NaturalBeam
Member since Sep 2007
15048 posts
Posted on 8/11/15 at 9:25 am to
quote:

For the love of God, this thread makes my head hurt. Based on the facts you provided, the settlement proceeds are an asset of the estate and should be treated as such. I don't understand why your attorney thinks the proceeds should be categorized as anything other than an estate asset unless you left out some facts.
Negative. She and her attorney are correct if these are indeed wrongful death settlement funds.

Everyone talking about a will is wrong. Wrongful death proceeds do not belong to the decedent, and cannot be bequeathed in his will because they don't belong to him (as opposed to survival action proceeds, which do belong to him and are passed thru his estate). Wrongful death is an action specifically to compensate someone for the loss of a loved one - it belongs to the person who lost someone, not the decedent.

A judgment could award different amounts to all family members based on a number of factors, usually regarding how close that individual was with the loved one. But if it lumped together in a settlement, then her attorney is correct - the family needs to decide how to split it up. If they can't agree, they can file a petition to have the Court decide, but this will involve a lot of other lawyers, time, and money - so it would be much easier if the family could decide on their own.

I just saved you all 100+ posts regarding wills and intestate succession - you're all welcome
Posted by MSTiger33
Member since Oct 2007
21757 posts
Posted on 8/11/15 at 10:00 am to
quote:

Negative. She and her attorney are correct if these are indeed wrongful death settlement funds


You are correct about the distribution of wrongful death benefits. Missed that part in all that jibberish
This post was edited on 8/11/15 at 10:03 am
Posted by KingRanch
The Ranch
Member since Mar 2012
61760 posts
Posted on 8/11/15 at 10:05 am to
quote:

he was only about 60 when he died


You don't know exactly how old your dad was when he died?

Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/11/15 at 10:57 am to

Tha\\rachiu

quote:

For this exact bull shite I made my Dad promise me to leave me completely out of that shite. Hey let's all cry at our Dads funeral then fight like savages over his shite. Trash just gonna trash.


i agree 100%. I have have opted out of wills because of the crap they create - want no part of it,
Posted by gingerkittie
Member since Aug 2013
2675 posts
Posted on 8/11/15 at 11:11 am to
quote:

talking to a lawyer and are instead coming to the OT tells me you live in a trailer.
No fricking doubt


Once again Lawyer have a we live in a house.

I came to the O/T for some insight opinions and intttient smd s[foo
Posted by iAmBatman
The Batcave
Member since Mar 2011
12382 posts
Posted on 8/11/15 at 11:17 am to
For someone who claims to have all of this educational background, you can't type for shite
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