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MiddleChildShelton.2016

laws imposed on written wills

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Before my father passed away of cancer he had a written legal will as for his last dying wishes my fathers wishes were very simple and to the point my father had me and my sister in his first marriage in his second marriage he had a daughter and a son my sister whom was his first born helped our father with the drawing up of his last will and testament our father never received very much of an education growing up but he was a very hard working blue collar man even though he had an alcohol addiction  most all of his life our father in the same token lived a modest life our father saved up and invested his money so that he could in a sense  try to make up for seldom being in his children lives  my sister and i never grew up with our fathers 2 children we all had been around each other  when we were small for a few holidays and seldom when we were welcome by his new wife threw the years we heard about each other from time to time what it came down to was our father had 2 sets of children but we never lived as brother and sisters out of respect for our father we my sister and i kept peace with our stepsister and stepbrother especially the last 2 years of our fathers life my father talked to my sister and my stepsister as to who would be the executo of his will i was living out of state and our stepbrother unfortunately followed in our fathers footsteps with the alcohol addiction my sister agree sense my father had taken a turn for the worse and moved in with our stepsister that she would be executor of the will with it written in the will that if my stepsister would not or could not fulfill our fathers wishes that are stated in  his will  that my sister would as i said in the beginning of my message our fathers wishes that are clearly written in his will are very simple and to the point every account savings checking ira and or any other policy was to be split 4 ways no one child shall get a penny less or a penny more we all sat down with him only a couple of weeks before he passed and  he  said i love you all equal that is why what i have left for my children shall be split equally in his will also all his personal belongings such as all his tools and there were a very large amount of the our father was a master mechanic for many years antique guns riding lawnmower and furniture all items was to be sold and that to be split 4 ways as well then his property was to be sold once again split 4 ways everything that was to be sold the 4 of us were to agree on the sale price again our father keeping everything equal as his love for us our stepsister has disrespected our fathers dying wishes she has not split one account 4 ways says she has no tools guns or any other items that are stated in our fathers will first of all i am truly sickened by the disrespect that our stepsister has shown to my sister and i but what i cannot and will not except is the disrespect of our father that she is displaying my father told my sister and i that he wanted to be cremated as it stated in the will that was what our father wanted and the cremation cost was to be split 4 ways between us and it shall be taken out of his will along with any debt and or child support that may be owed our father ask my sister and i to scatter his ashes around his favorite fishing hole and sense our stepsister was a christian so our father thought would we please allow her to do what made her feel best out of love and respect for our father my sister and i agreed our father didnt know he had to sigh the papers to be cremated so the 4 of us meet at the funeral home agreed to sigh the papers our stepsister spoke p and said she wanted to have a service at the funeral home and a grave side service her knowing that wasnt our fathers wishes so as we sat at the table my sister and i on one side our  stepsister and step brother on the other side the funeral director at the head of the table my sister spoke up with the response you know that wasnt what pops wanted but he had ask us to allow you to do what you felt you needed to do with that being said my sister then turned to the funeral director and said as you can see our father had 2 families so my sister and i are requesting to have our fathers ashes split in half the look on this mans face my sister ask if there would be a problem with that request in order for her and i to follow out our fathers final wishes the director agreed quite shocked i had to leave the room i couldnt take any more i was the one that stayed with him the last week of his life at the hospice  center and took total care of him as i had promised i wouldnt leave him alone i was aloud to care for my father i was truly blessed thats also my career i am as nurse aide i was placed into my fathers arms when i was born and i was blessed to have him placed in mine when he passed everything my sister and i did out of love and respect we did for our father for our stepsister to disrespect him this way well now my father always knew i was that child of his that would not let his wishes be disregarded so now i will have no regrets but pride to take my stepsister to court with my sister by my side see our father was court ordered to pay child support on me and my sister but not his other to children sense it states in his will about child support being paid if owed can i take a claim against his estate and also sue for every thing that my sister and i are entitled to by his written will  the property has not been sold yet because i will not agree on the sell price it is way below appraisal          thank you for your time ill appreciate the legal advice devastate by the lack of love and disrespect that has been shown to our father by 2 children that he had equal love and respect for he loved us all and suffered ten fold the last few days of his life please help me and my sister carry out our fathers wishes if at all possible no one is perfect but no ones fathers deserves to suffer as horribly as ours i so love and miss my daddy the one last gift i can give him is to fulfill his last wishes     

                                                                                                   may god be with each and everyone that has to battle the disease of cancer

                                                                                             my dad lost the battle but he was true solder all the way until the end:(

 

      

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Your post contains 1,224 words (no, I didn't count; I used MS Word's word count feature), is in all bold (except for the blurb at the end) and contains not a single punctuation mark or paragraph break.  What would possess you to write like that?  Look at your post objectively and tell us if you really think anyone should try reading it?

 

SMH

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my apologies, i am not very computer savvy i was up for a few days have been working mass hours. i have never been on a site like this before, there for i did not know people would not have interest because of punctuation being applied as far as the information that i gave once again i did not know that people only cared about legal facts. There for i will rewrite and only state legal facts and questions and i will also use correct punctuation.                                                                        Sincerely                                                                                                                                                                     Diana       

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26 minutes ago, MiddleChildShelton.2016 said:

my apologies, i am not very computer savvy

 

One does not need to be "computer savvy" in order to use proper capitalization, punctuation, and paragraph breaks.  These are things that are taught in elementary school.

 

 

27 minutes ago, MiddleChildShelton.2016 said:

i have never been on a site like this before, there for i did not know people would not have interest because of punctuation being applied

 

Have you ever previously communicated with another human in writing?  It's hardly unique to this site or "a site like this" for folks to expect you to write in a way that will make it easy for others to read and understand what you write.

 

 

28 minutes ago, MiddleChildShelton.2016 said:

there is no need to be rude

 

I think it's pretty rude to expect a complete stranger to read 1,224 words with no capitalization or punctuation whatsoever and no paragraph breaks, so right back atcha.  Also, I can assure you that, had you posted this on a lot of other sites, you would have got about ten times the number of comments as you got hear, and those comments would have been about ten times as harsh.

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Sorry about the loss of your father.

 

Unfortunately, it is the wording in your father's will that is causing a problem here.  He should have gotten the assistance of an attorney to help him use the correct wording to achieve an equal split.  As it is written now, an equal split probably will not occur.  With an IRA account your father was probably asked who he wanted to be beneficiaries of that account and if he chose designated beneficiaries those names will be shown on the beneficiary designation he filled out and the money will be paid directly to those beneficiaries, and whatever the will says can not be taken into account here because the beneficiary designation takes priority over the will.  If he did not name beneficiaries, then the account will go into the estate and then be split among the named heirs. Maybe your father did not fully realize this or if he did know this, he may have forgotten acout this when he was writing his will.  You (or your stepsister) can contact the company holding the IRA to find out whether your father chose designated beneficiaries for his IRA.  

 

The executor will also look at the savings account and the checking account to see if he named a beneficiary for those accounts.  If he named a beneficiary then the money will go to the beneficiary and will not be put into the estate.

 

As far as the choice for cremation and the funeral service, you all seem to have overreacted.  There is no reason why you all could not have had both--the funeral service is a reasonable request that may have helped with the grieving process, and then a cremation could have been done a few days later.  I'm surprised that the funeral director did not think of that compromise solution but I probably would have been dumbfounded also if I hd seen you all arguing in the midst of trying to make final arrangements.  There should have been cooperation and friendliness amongst you all instead of conflict.

 

Right now you have no legal basis to sue anyone for anything.  Has stepsister filed the will for probate at the county courthouse yet?  If you have any questions about her actions or how the probate process is supposed to play out, then you need to have a consultation with a local probate attorney to get your questions answered.

 

 

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I did my best to read through it all and I can't figure out what the question is. Clearly, all the siblings do not get along. That has zero bearing on inheritance. The law doesn't care if he detested every single one of you, or thought you hung the moon, nor does it keep tally of time spent with him before his death. He has a will. The terms of that will govern the aspects of his estate named in the will. Any other accounts go to any designated beneficiaries on those accounts or policies. Everything else gets divided according to the laws of the state in which he lived.

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Hi @MiddleChildShelton.2016

 

Welcome to the community and thanks for posting. So sorry for the loss of your father. Your case sounds somewhat complex...you may want to retain independent counsel to help you understand the process and your rights. You can find many qualified attorneys in your area using FindLaw's lawyer directory.

 

Best of luck,

The FindLaw.com Team

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