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I need advice on succession of my moms estate?
just a few questions
please may I talk to you via facebook or email?
The check from the nursing home was to her estate.....I want to deposit it in a special account and each of her 5 kids get their share...one of my brothers wants it to pay funeral expenses that he promised her he would pay because he took out a $50,000 policy out to bury her. He was the beneficiary and he paid all the payments.
She wanted a nice funeral...about $7000 and my brother cremated her. Then he bought her a headstone.....total he paid....$2000.....the check from the nursing home is for $1885.....If I give him the check...no one else gets any. Point is he promised momma and she told us for 30 years he was going to pay to bury her.
Oh and we checked...if a lawyer gets involved he would get the whole check for taking the case.
no will...no living trust...no house...she just asked me to please take care of her finances in front of the family.
No official executor....just momma telling me when she was ill in the hospital to take care of her money...in front of 10 family members.
And momma named me to handle her final wishes knowing I would do as she wished. And that was sell her possessions and divide the money evenly. Some furniture she still owes on....my sister has that or has sold it.
This little bit of money a $377 each is not worth separating siblings with hard feelings.
4 Answers
- 9 years agoFavorite Answer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advise. Many will give you free counsel over the phone and will tell you if need more, than you can decide. Keep checking till you find one who will.
Sounds like your not going to avoid some hard feelings
Source(s): College criminology/criminal justice instructor, lawyer, and former cop - ?Lv 79 years ago
I will email you, but I hope that your mom had both a will and a living trust. Is there a house involved at all? You should hear the complications we have been going through for almost 6 mos....I will look for you on FB, or email you.
Edit: If you can discuss these matters with the family it would be a good idea. That has been nearly impossible for most of my husband's family to do...long story. However, he is the 1st trustee, though he let one of his sisters have her way and had a rather expensive Catholic funeral. Oh well, I don't even want to discuss what all the problems are because I could write a book, literally! Anyway, "IF" all of you can come together and give your 2 cents on what your mom wanted verses what they want and come to a compromise that would be really nice. BUT, don't count on it. Be sure and PRAY on this whole matter, and to tell you the truth, be happy it isn't a great deal of money and a lot of siblings, because that is when it gets ever soooo complicated. :/
EDIT AGAIN: I appreciate TJ's advise and sorry if I started ranting. We are just going through it in many ways, and feel free to email me if you would like. If it is that small amount I would think that the family could let you take over. Like you said it was mentioned pretty much on her death bed in front of 10 family members. So, that speaks volumes! Hugs Deb.
- TwomaroLv 49 years ago
Was there an Executor appointed to oversee and make decisions regarding the estate? If so, they have the authority to decide how the money should be divided. If your brother decides to sue, it will cost way more in lawyer's fees than he will gain. It would be stupid for him to pursue the issue.
- fixerkenLv 79 years ago
Gave you my answer in email, sorry for your loss can't wait for the new system when all our loved ones will come back in the resurrection(Acts 24:15) and I have hope toward God, which hope these [men] themselves also entertain, that there is going to be a resurrection of both the righteous and the unrighteous.
Agape