Why isn't a will enough???

[eliza61]

I guess most of us will not have this problem but why can people just willy nilly break wills.

There use to be a soul singer named James Brown, during the 70's he was known as the "godfather of soul" LOL he was the first to "get down" at concerts.

Anyhoo, he died about 7 years ago. left a few endowments to his family but the bulk of his estate he left to charities. anyone wanna guess where this story is heading? well his wife, ex wife and children all got together and sued saying he wasn't in his "right" mind. will was over turned once and I just heard another judge ruled today that the will can stand. Of course attorney fees are probably eating away at what ever is left.

Then I think of the vultures better known as the Jackson family who are eager to get their hands on the MJ"s kids just to get their claws in his fortune.

Of course I'll never have Mz. Oprahs wealth but....

What's the point? I can totally understand how some wealthy folks say they are spending or giving it all away while they are alive.



Just a rant

 

[JennaDeeDooDah]

I guess most of us will not have this problem but why can people just willy nilly break wills.

There use to be a soul singer named James Brown, during the 70's he was known as the "godfather of soul" LOL he was the first to "get down" at concerts.

Anyhoo, he died about 7 years ago. left a few endowments to his family but the bulk of his estate he left to charities. anyone wanna guess where this story is heading? well his wife, ex wife and children all got together and sued saying he wasn't in his "right" mind. will was over turned once and I just heard another judge ruled today that the will can stand. Of course attorney fees are probably eating away at what ever is left.

Then I think of the vultures better known as the Jackson family who are eager to get their hands on the MJ"s kids just to get their claws in his fortune.

Of course I'll never have Mz. Oprahs wealth but....

What's the point? I can totally understand how some wealthy folks say they are spending or giving it all away while they are alive.



Just a rant

It's sad, really. It seems that we have become a society that has no desire to actually work for our income. So many seem to prefer the court method. They will take people to court over any little thing in the hopes of getting money. Sadly, it appears that death isn't enough to stop this. Now people just contest wills.

 

[jen0610]

But the sad thing is, you don't have to be uber rich for the fighting to happen. It goes on in average joe blow families. The greed some people feel.

 

[eliza61]

It's sad, really. It seems that we have become a society that has no desire to actually work for our income. So many seem to prefer the court method. They will take people to court over any little thing in the hopes of getting money. Sadly, it appears that death isn't enough to stop this. Now people just contest wills.

what's even sadder, is if the stories are true, he did leave his family a bit of cash. All his grandkids got educational endowments and stipends. wives got a little bit of cash.

do you know what type of nakeed money dance I'd be doing if some one gave my kids full college tuition!! Heck they wouldn't need perpetual care, I'd deliver flowers myself.

 

[JennaDeeDooDah]

what's even sadder, is if the stories are true, he did leave his family a bit of cash. All his grandkids got educational endowments and stipends. wives got a little bit of cash.

do you know what type of nakeed money dance I'd be doing if some one gave my kids full college tuition!! Heck they wouldn't need perpetual care, I'd deliver flowers myself.

Ah the nakeed money dance.

 

[Praying Colonel]

I guess most of us will not have this problem but why can people just willy nilly break wills.

There use to be a soul singer named James Brown, during the 70's he was known as the "godfather of soul" LOL he was the first to "get down" at concerts.

Anyhoo, he died about 7 years ago. left a few endowments to his family but the bulk of his estate he left to charities. anyone wanna guess where this story is heading? well his wife, ex wife and children all got together and sued saying he wasn't in his "right" mind. will was over turned once and I just heard another judge ruled today that the will can stand. Of course attorney fees are probably eating away at what ever is left.

Then I think of the vultures better known as the Jackson family who are eager to get their hands on the MJ"s kids just to get their claws in his fortune.

Of course I'll never have Mz. Oprahs wealth but....

What's the point? I can totally understand how some wealthy folks say they are spending or giving it all away while they are alive.



Just a rant

Just going from the post, a will wouldn't be enough if the person executing it lacked testamentary capacity and/or was subject to undue influence at the time he/she executed it.

I don't know a thing about James Brown's case. I'm just saying those are issues which can lead a will to be challenged and invalidated.

 

[Planogirl]

what's even sadder, is if the stories are true, he did leave his family a bit of cash. All his grandkids got educational endowments and stipends. wives got a little bit of cash.

do you know what type of nakeed money dance I'd be doing if some one gave my kids full college tuition!! Heck they wouldn't need perpetual care, I'd deliver flowers myself.

I'm with you there. In fact I'd be so grateful for anything because I personally expect nothing.

People can be so pathetic.

 

[Hoodie]

But the sad thing is, you don't have to be uber rich for the fighting to happen. It goes on in average joe blow families. The greed some people feel.

Too true. I have heard/seen so much re: family greed after someone passes. Heck, even before someone passes (my great-grandmother sold a portion of her land to my aunt and uncle so they could build a house on it. They helped take care of her. My great-aunt complained that great-grandmother was "selling her inheritance." Mind you, when this happened great grandmother was over 90 and great aunt was over 70.)

Funny, I was just thinking about this while watching hoarders last night. The hoarder had died and it was showing her kids cleaning out the house specifically looking for mortgage documents to prove their mother had owned the house, now that they had inherited it. They were all in shock as to the hoard and how their mother lived. As they were going through things they found phone bills dated to 1979. Before passing, she had admitted to starting the hoard in the '90's. All I could think was that her kids obviously hadn't visited her in decades but now that the inheritance was on the line, they converged to clean up the house. (which they ended up losing anyway)

 

[DebbieB]

Just going from the post, a will wouldn't be enough if the person executing it lacked testamentary capacity and/or was subject to undue influence at the time he/she executed it.

I don't know a thing about James Brown's case. I'm just saying those are issues which can lead a will to be challenged and invalidated.

I agree, you have to be "of sound mind" to sign legal documents. It can work the other way. Someone posted last week that they were concerned that their mother was being conned by a man trying to get her to help pay for his new house. If she signed everything over to him and she was not "of sound mind", it could be overturned. So it's not always people being "greedy", it's to protect people.

 

[Wall-E1]

Years ago, when I was making preparations, my attorney explained something about wills not being legally binding. They express the deceased wishes, but could be contested. He had me do a revocable trust, as that is protected from court challenges. I may have explained it slightly wrong, as this was many years ago, but the gist of the conversation was that a will alone is not good enough.

 

[TheIncredibles!]

Too true. I have heard/seen so much re: family greed after someone passes. Heck, even before someone passes (my great-grandmother sold a portion of her land to my aunt and uncle so they could build a house on it. They helped take care of her. My great-aunt complained that great-grandmother was "selling her inheritance." Mind you, when this happened great grandmother was over 90 and great aunt was over 70.)

Funny, I was just thinking about this while watching hoarders last night. The hoarder had died and it was showing her kids cleaning out the house specifically looking for mortgage documents to prove their mother had owned the house, now that they had inherited it. They were all in shock as to the hoard and how their mother lived. As they were going through things they found phone bills dated to 1979. Before passing, she had admitted to starting the hoard in the '90's. All I could think was that her kids obviously hadn't visited her in decades but now that the inheritance was on the line, they converged to clean up the house. (which they ended up losing anyway)

My father died on a Saturday. On Monday his sisters were demanding to see a copy of his will....... Pure greed!

 

[momof1princess]

But the sad thing is, you don't have to be uber rich for the fighting to happen. It goes on in average joe blow families. The greed some people feel.

absolutely. it happened in our family, after DH's great uncle died. he had been very sick with cancer for several years, and after he passed away, the kids swooped in like vultures. one of his sons had gotten him to sign a new will not long before he died, basically leaving everything to that son, and nothing to DGU's other children. so, of course, the other children sued, claiming DGU was of "diminished capacity" and the local circuit court ordered them to sell his assets and divide the proceeds. unfortunately, that included 80 acres of property adjacent to ours, which was purchased by the owner of a local construction company (we weren't given an opportunity to purchase it), and it's occupied by his drug-addicted son. lots of fun times in our neighborhood in the past 10 years.

when DH's grandmother died, DH's aunt and uncle were FURIOUS because DH's grandmother had left her 75 acres to DH, her only grandson (land is passed down to the men in DH's family, and DH was the only grandchild who ever visited or helped her). so, naturally, they went to the courthouse, got a copy of the deed DH's grandmother signed, and took it to an attorney, who promptly told them there was nothing they could do about it; the deed was ironclad. this was the one favor my former boss (an attorney) did for me-prepared that deed so there was no doubt or loopholes. they still don't speak to us, over 14 years later.

 

[lovemygoofy]

Try being in the military and constantly moving! Alot of families do not know that a state can reject a military will or will from another state. Even more military families aren't educated regarding all the money that is due to them during a military memeber's death and the taxes they can incur.

In the state of VA, a will has to be updated every 10 years or can be voided. In another state, if there is no will the state can take everything.

People also don't do enough research before naming their minor children as heir to the estate. The rules are crazy difficult and vary by state.

 

[jen0610]

My father died on a Saturday. On Monday his sisters were demanding to see a copy of his will....... Pure greed!

Hopefully things will get better for you.

 

[The Mystery Machine]

Well just watching my BIL and sister dealing with their mother's will....

The mom had debt, did not own the house, so it is not legally binding. A will is an expression of your "wishes".

As a PP stated you need a set up a revocable trust.

 

[Hoodie]

death and money bring out the worst in families.

Our latest is bubbling in our family. My grandparents are in their late 80's. Both of very sound mind and if their parents are any indication, will probably live another 10 years. Still, things have started "disappearing" from their house...and ending up in my aunt's house. This has annoyed not only my mother and other aunt (esp. when some of their old, now collectible, toys ended up in her display case without their knowledge) but my grandparents know it's happening too and don't know what to do. Many of these things are items like paintings, needlework, old knickknacks with varying monetary value but some substantial sentimental value. I wish grandmother would just take said items back.

 

[Praying Colonel]

At the risk of straying too far off-topic:

Under 10 USC 1044d(a), a state cannot reject a military testamentary instrument.

http://www.law.cornell.edu/uscode/text/10/1044d

Additionally, every military Legal Assistance Office uses software that produces wills which comply with the laws of all 50 states (except Louisiana--but most offices have arrangements with Ft. Polk's LAO to produce wills for Louisiana residents which comply with Louisiana law).

 

[lovemygoofy]

At the risk of straying too far off-topic:

Under 10 USC 1044d(a), a state cannot reject a military testamentary instrument.

http://www.law.cornell.edu/uscode/text/10/1044d

Additionally, every military Legal Assistance Office uses software that produces wills which comply with the laws of all 50 states (except Louisiana--but most offices have arrangements with Ft. Polk's LAO to produce wills for Louisiana residents which comply with Louisiana law).

I won't go further because I don't want to derail this thread. I just know that when we moved from KY to VA we had to have a will on file with the state of VA created by someone in the state of VA that our Ft. Campbell will could be voided in the state of VA.

Thank you for the link though

 

[TheIncredibles!]

Hopefully things will get better for you.

Thank you! 9 months of drama and still going....

 

[ez]

My husbands father was not of his right mind towards the end and changed his will. We would go up to see him every year, and he would say that we hadn't been up for 4 years. he was the kind of person who would boast about how large his stock portfolio was and try to insist that my husband look at his statements, it was weird like he was always rubbing money in everyone's face. Then one of the last times we visited, he went crazy because my husband wanted to visit a lifelong friend (this was in my husbands hometown) he had it in his mind that this person didnt complete 200 dollars worth of work in his basement (you would think he would just ask the guy, who was his lifelong friend as well, what was up and try to resolve, but he never did, apparently rather harboring a grudge) So anyway at that point he said things to me like my husband had alot of money coming his way and he better decide where his loyalties lie. Shortly after we returned home he called my husband to say he was changing his will, and my husband was like ok, whatever didnt read much into it, but I pretty much figured out what was coming. It was such a turn off to me to think that people tried to control others with money, no one in my family ever had money to inherit so I had never experienced that before.

Long story short, the majority of the estate was left to my husbands brother (there are just the two of them) My husbands 50% share that his brother told him had been in a prior will got knocked down to 10%. Also every single possession the father listed went to the brother, even things that had been specifically promised to my husband and held no significance to the brother, are you getting me?

Sometimes I wonder if my husband should have looked into contesting the will but we never even discussed it. It was what it was. It has made me feel very bad though that my husbands father would leave the world sending him such a negative message. Again, I have every reason to think he wasnt in his right mind, of course theres much more of the story to tell in that regard.