Just Had To Share

FOJMO

<font color=red>If English is the official languag
Joined
May 30, 2002
Messages
2,528
My mother and her husband have been "renting" a house we own near Orlando. They moved into this house when we moved from Orlando to Tampa back in 1996. We don't have a written agreement, but they have been giving us $500/month. It used to be $575, but when the A/C went, they paid to have it replaced and we lowered the rent to $500 till we made up the repair bill. Needless to say, that was paid off years ago, but we kept the rent at $500. Now, understand that the mortgage, insurance, taxes and homeowners assoc. dues totals over $750/month, but we've been "eating" the difference so they could have a place to stay.

Well, we have a lot of equity built up in that house and we can't take out an equity loan on it because it is not our primary residence. So, with college expenses for our DD (17) pretty much around the corner, plus the fact that the insurance company is not renewing the house after it runs out in May because of hurricane risk, and the fact that we have a lot of debts we'd like to pay down/off, we have decided to put the house up for sale.

Well, the way my mother and stepdad are acting you would think we were throwing them out on the street.

You have to understand another fact. My brother passed away last August at 48 of colon cancer. Before he passed away, be got paperwork to change the beneficiary on his 401K from my mother to me (as executor of his estate, he wanted me to take all of his life insurance proceeds as well as the 401K and put it in trust funds for his 2 children). He never got the chance to change the 401K from my mother's name. So, she is "chafing at the bit" to get her hands on $35,000!!!. She even asked me last year at his funeral, if I had looked into the paperwork required for her to receive this money! AT HIS FUNERAL! I couldn't believe her.

She KNEW he wanted that money to go to his kids. He made her his beneficiary before he was even married and had any kids (by the way, he was divorced, so his ex-wife is out of the picture). Well, Mom doesn't care. She said the money's hers and she needs it. Even before we told her we needed to sell our house, she was anxious for this money. They have themselves so deep in debt, they weren't even going to be able to pay us another month's rent.

So, my sister and I tried to let her know that if she's going to get this money (which she is), that our brother really wanted his kids to have it (they are 18 and 17) when they turned 21. She said "they're getting enough money from his life insurance".

Granted, they're going to need this money anyway to find another place to live, but we're so afraid that they're going to blow it really fast. They are accustomed to living in a certain fashion -- they were living in our house which is a 3BR, 2BA, 2 car garage, central A/C, very modern for $500/month!!! They're not going to find anything like it for that money. So, the last I heard the first place they looked at was $2700/month. At that rate, that money's not going to last long!

She is now not on speaking terms with either of us. I tried to tell her that she shouldn't break her ties with the only family she has left, and that we were willing to help her find another place, but she's so stubborn and selfish.

Sorry, I went on and on about this, but it's been urking me to no end and my sister and I can't believe she's supposed to be our mother!!!
 
That sounds like a terrible position you are in :( You have every right to vent.
 
Sorry this is happening. :( Family messes are never pretty.
 
I think you owe it to your brother to talk to a probate lawyer about the money - quick before it's given over. I'm sure there's a case there for your brother's kids! But when the money's spent it will be too late to do anything about it!
 

That's all very sad. She doesn't have any rights to that money and if she was any kind of a Grandmother (I'm sorry, I know she's your Mom) she would see that and not even consider taking it. It doessn't sound to me like you'll be able to change her mind though. Isn't there some way the kids Mother could make sure the rightful heirs get the money?
 
I am so sorry that you are going through this. I also think you should talk to a probate attorney.
 
Thanks for all of your supportive words. But, this is a case of my mother being the sole beneficiary. And, if my brother didn't change it before he died, she's still the beneficiary. There's nothing in writing that says he wanted it to go to his kids. Just verbal.

My sister and I aren't so concerned about the fact that she's getting the money (not crazy about how greedy she's being about it though). In a way, we're kind of thinking that my brother would have wanted to help them out, since they are on the verge of bankruptcy. But, we know they won't make it last and they won't live in a lifestyle that makes it stretch.

My sister sent Mom an email today asking how our stepdad's health is (he was recently in the hospital). My mother answered "NO COMMENT."

It's such a shame. She's going to have money but no family. I feel sorry for people like that.
 
Wow,I really feel sorry for you. What a position to be in. Was your Mom like this when you were growing up? Do they work? It's funny how some people have such a sense of entitlement,even at the expense of others. Sounds like you don't think an attorney could help you out,but you don't know for sure until you ask. So sad. Hugs to you.
 
Originally posted by FOJMO
.......Before he passed away, be got paperwork to change the beneficiary on his 401K from my mother to me......He made her his beneficiary before he was even married and had any kids (by the way, he was divorced, so his ex-wife is out of the picture)......
Sounds like a real mess, FOLMO. :(

I will say this however. Regardless who your brother HAD as beneficiary on his 401(k) BEFORE he was married, his wife AUTOMATICALLY, by law, became the beneficiary when he married, UNLESS his wife signed off and said it was okay for her NOT to be the beneficiary. And, after their divorce, UNLESS a new beneficiary desination was made (which may have been done), she (he ex) is STILL the beneficiary. Just an FYI.

Hope you get it resolved for all, especially the kids. Sure does speak a lot for having all your affairs in order, always.
 
That's so sad, FOJMO.:( I have no advice, I just hope she grows up soon and realizes she's being irresponsible and so selfish. {{hugs}}

I'm sorry about your brother.:(
 





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