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Have any of you ever been cut out of a will?

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Re: Have any of you ever been cut out of a will?

Unread postby Plantagenet » Fri 07 Jan 2011, 13:16:26

$this->bbcode_second_pass_quote('Sixstrings', '
')He lived a VERY long life and was blessed with excellent health through all 94 years right up until the last six months. I was pretty proud of him, mostly taking care of himself and keeping all his wits in such advanced age. And then he turns around and purposely leaves nothing to me and even my brother who saw him weekly. :twisted: Why did he do that, it just hurts.


Hi six:

I'm very sorry to hear about your loss. Your grandfather sounds like a wonderful gentleman.

Based on your story, I'd guess there is a possibility your uncle pressured your grandad when he was ill at the end of his life and got him to change the will during those last six months so your uncle got everything. Another possibility is that the will is very general (i.e. it might only say "everything should be divided fairly among my children") and your uncle the executor has decided that "fairly" means he gets everything.

You don't want to get too crosswise with your uncle, but wills are public documents. I suggest you get a copy of the will from your Uncle or from the probate court and find out (1) when it was written and filed and whether or not it was altered at the last moment, and (2) exactly what it says. Some wills are very specific about who gets what, while others are very general and the executor has a great deal of power in deciding just what to do with the assets.

In addition, some executors are unscrupulous frauds and secretly divert funds or assets from the estate into their own pockets. Some executors even completely ignore the terms of the will and disburse the assets to themselves or others in clear contradiction to the terms of the will. In those cases the executor can be sued.

Normally, the executor has to file a statement with the probate court when they close the estate that states what they have done with the estate's assets. It can take from a few months to several years for an executor to close the estate. This is another public legal form you have a right to access.
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Re: Have any of you ever been cut out of a will?

Unread postby PrestonSturges » Fri 07 Jan 2011, 13:56:05

Executors often just go crazy spending the money on themselves, more than they were entitled to inherit. And then they get conned or they decide they suddenly know all about day trading or playing blackjack. The money can vanish quickly without them even really spending it on themselves, just pissing it away on foolish ideas. This is illegal, but rarely criminally prosecuted.

Lawyers can be pressured by complaints to the state bar association.
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Re: Have any of you ever been cut out of a will?

Unread postby mos6507 » Fri 07 Jan 2011, 13:57:25

All you need to know about this is the Twilight Zone episode where the heirs have their faces turned into grotesque caricatures.

http://www.youtube.com/watch?v=Ek_r0Lv6AKU
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Re: Have any of you ever been cut out of a will?

Unread postby Tanada » Fri 07 Jan 2011, 20:39:02

My personal philosophy is money I never had in my possession was never mine so if someone else has it I don't let it bother me. I decided in my early 20's if I inherit anything it is a bonus, but I do not plan on ever seeing a dime from anyone.

It is amazing how much easier it was for me to get along with my elderly relatives after I reached this decision, so far none of them has left me anything but I live my own life and am responsible for my own bills. Sure it would be nice, but so would winning the lottery or any other unplanned for extra income. The family time I had/have is not marred by future expectations or past ones either.
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Re: Have any of you ever been cut out of a will?

Unread postby SeaGypsy » Fri 07 Jan 2011, 22:24:33

I'm with you there Tanada. Fretting over things one might have got if someone had a different attitude doesn't feel right at all. When my multi millionaire grandfather died and everything went to my mother and her siblings, I was impressed enough that he broke the tradition and did not disinherit all but his eldest son. Who wouldn't like a cash injection? Who really deserves one?

On the other hand, in this specific situation I think Preston's advice is salient; why not just check it out to be sure? Especially the fact that the sole inheritor is the executor and he is being precocious about showing the will, does seem a little sus.

If the old man's will really says what the uncle is saying, with no room for doubt, let him have it. If not then it might not take much to get a realistic outcome.
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Re: Have any of you ever been cut out of a will?

Unread postby Newfie » Fri 07 Jan 2011, 23:56:14

My personal story wasn't about money. Mom had a kid out of wed lock when she was young. A few years later she met my Dad and she moved to the states with him, leaving my half sister behind. I grew up knowing there was a spare kid in the family but Mom and Dad would not own up to it.

When Dad died Mom told me the story, well her version at least. When Mom got sick my half sister came to visit. Mom introduced her to her best friend as "a family member." Pissed me off but I kept my mouth shut.

When Mom passed, the night of the ceremony, I spilled the beans to her best friend. I introduced my sister as 'my sister.'

Went to probate and Mom had signed an affidavit that I was her only off spring.

In the long run my sister probably got the better of the deal in a strange way. Mom was just plain loony in way to many ways. Self absorbed.My sis is a wonderful person, tough as nails. Doesn't mince words. We are now staying in touch and I visit her every year.

It is a damn shame the way my Mom treated my sis. No money to speak of in this situation, but plenty of hurt. The only good thing about it is it validated my sense that Mom was nuts. That helped me to feel more sane.
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Re: Have any of you ever been cut out of a will?

Unread postby Sixstrings » Sat 08 Jan 2011, 01:48:37

A little update..

My brother said he wrote our uncle a long letter. My brother is a bit naive. He thinks my uncle will come around and "do the right thing." I tried to tell him that's just not going to happen, but anyway it was probably cathartic for him to write the letter. He needs to have some contact anyway, just to get some family pictures and all I want is anything my grandmother made by hand (whatever can be spared of course, there are several quilts I would like one of those).

Other than that, at this point this whole pile of stinking crap is just feeling so TOXIC.. I'm feeling like I want nothing more to do with it, even if shady things are going on and even if there's 500k - a million in the estate. I just can't explain how toxic it is. Fighting my uncle would just make me a toxic person. I have a bad back, and this whole thing is so disgusting my back's been seizing up on me whenever I have to talk about it.

As for the will, my sister in law is going to stay on top of getting a copy. I tried to explain to her some of things you guys said, that there might be something shady going on with the will still not having been filed. She said the lady at the courthouse was very surprised no will has been filed. But as for a lawyer, my brother's family can't afford any kind of retainer and really I can't either. Plus I don't know if I can do that, it would be fighting my uncle -- he was my grandfather's favorite, not my father, so fighting the uncle is going against what his wishes would be.

So that's where it stands now, I don't have the energy to fight this or dig into it I'll have to leave that to my brother. And I'm actually dreading the will.. there's a possibility that more distant relations were included, including an ex-girlfriend. Yes he had a girlfriend at 90, he was a pistol.. she was about 80, and the family thinks she got herself put in the will because her last two husbands' families maneuvered her out of those wills. I don't care about her being int the will and not me, but it's going to hurt if second cousins are in (people I know he never had anything to do with).

See how toxic all this stuff is? Ugh I don't want any part of it anymore.
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Re: Have any of you ever been cut out of a will?

Unread postby PrestonSturges » Sat 08 Jan 2011, 02:06:20

If I could ask, where is the estate located, what state? Maybe someone could rec' a lawyer.

But this weekend, go out and get a book on the subject. The local bookstore will have several titles.

The problem with any civil action is that lawyers have a very cozy little fraternity, which works against all parties involved because there will be much "log rolling" where they make excuses to chat and and everyone else pays. Sometimes you can find a couple that really hate each other, and if the will is really a scam, then you might get one to go on the warpath.
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Re: Have any of you ever been cut out of a will?

Unread postby Sixstrings » Sat 08 Jan 2011, 04:35:37

$this->bbcode_second_pass_quote('PrestonSturges', 'I')f I could ask, where is the estate located, what state? Maybe someone could rec' a lawyer.


That's a nice thought Preston, but I'd rather not get into too many specific details. I started this thread to vent, and mainly wanted to know how other families have handled similar situations.

$this->bbcode_second_pass_quote('', 'B')ut this weekend, go out and get a book on the subject. The local bookstore will have several titles.


I saw your book link, it has good reviews on Amazon. I'll keep it in mind but to be honest I just don't have it in me right now to dive into this tooth and nail. I'm going to take a step back at this point and see what my brother and sister do.

Thanks again everyone for the kind words and sharing your own experiences. The time for venting is over, so I'll cut that out in this thread from here on. Depending on how I feel I may post an update and / or how all this ends up.
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Re: Have any of you ever been cut out of a will?

Unread postby SeaGypsy » Sat 08 Jan 2011, 07:30:25

Some thoughts from Confucius:

$this->bbcode_second_pass_quote('', 'A') public servant who on confronting danger is prepared to lay down his life, who on confronting gain
concentrates on what is right, who when sacrificing concentrates on reverence, who when mourning concentrates
on grief should definitely be all right. (19:1, Analects)

Few indeed are those who are naturally filial towards their parents and dutiful towards their elder brothers but are
fond of opposing their superiors; and it never happens that those who do not like opposing their superiors are
fond of creating civil disorder. The gentleman concerns himself with the root; and if the root is firmly planted, the
Way grows. Filial piety and fraternal duty--surely they are the roots of humaneness. (1:2, Analects)

Confucius advised his students that if they would "show solicitude for parents at the end of their lives and continue this with sacrifices when they are far away," then "the people's virtue will be restored to fullness" (Book 1: #9, pg. 4, Analects). He believed that, if people could learn to perform their familial roles properly, they would in turn be able to perform their roles in society and government properly (4:20, Analects). The emperor's role was like that of a father: he would love his subjects as if they were his children, and they in turn would show loyalty and respect for him.
Confucius said that filial piety consisted of obedience to, respect for, and loyalty to one's parents. A man would be truly filial if he did not stray from his father's occupation and behavior for several years after his father's death: "When his father is alive, you observe a man's intentions. It is when the father is dead that you observe the man's actions. If for three years he makes no change from the ways of his father, he may be called filial." (1:11, Analects).
Filial piety was so important, in fact, that Confucius felt that it should be considered more important than the law. He told the Duke of She that "Fathers cover up for their sons and sons cover up for their fathers. Uprightness is to be found in this" (13:18, Analects).


Ancient wisdom suggests that what naturally irks you about this is your sense of the dignity of your father in the eyes of his brother and now passed father. To go cap in hand is to suggest your father did not do adequately as a father. Therein lies the conflict. The way to handle this maturely is to keep your father's dignity central in your thinking and actions as you ensure that the elders will has been correcly applied, or as you pull back from the situation.
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Re: Have any of you ever been cut out of a will?

Unread postby mos6507 » Sat 08 Jan 2011, 13:26:08

$this->bbcode_second_pass_quote('Tanada', 'M')y personal philosophy is money I never had in my possession was never mine so if someone else has it I don't let it bother me. I decided in my early 20's if I inherit anything it is a bonus, but I do not plan on ever seeing a dime from anyone.

It is amazing how much easier it was for me to get along with my elderly relatives after I reached this decision, so far none of them has left me anything but I live my own life and am responsible for my own bills. Sure it would be nice, but so would winning the lottery or any other unplanned for extra income. The family time I had/have is not marred by future expectations or past ones either.




I agree with that, but to put things into a doomer perspective, there are undeniably high stakes.

If future generations are going to have progressively harder lives than their ancestors, then inheritance will become perhaps the only way to hold onto affluence. This may be the first form of catabolic collapse that Greer talks about. Households will feed off the accumulated net worth of the extended family. This takes many forms. The return of extended families by necessity (otherwise known as freeloading) could be seen as the first symptom. Kids growing up and not moving out of the house. Older adults losing their houses and moving back in with their boomer parents. It becomes this economic train wreck that follows a generational pecking-order. The youngest who have the worst economic prospects become the perennial slackers. They are already calling them "Generation-R" for the recession. The middle-agers are the ones who overextended themselves and are perhaps destined to be life-long wage-slaves. The boomers are at least the ones with the most accumulated assets, paid-off real-estate being the biggy. How they decide to share (or not share) will probably characterize family dynamics throughout collapse.

I'm already experiencing this first-hand, with the gentrification of the town I grew up in. Those of my peers who are still living in this town who either didn't marry into wealth or become doctors and lawyers inherited (or are scheduled to inherit) their parents' homes.

The post-war boom was a boon to the generations that were of working age at that time. Those who bought into the early suburbs and who got jobs at the peak of US dominance.

The bounty of that era is going to be what my generation and onwards will squabble over.

I've had countless arguments with my parents over what to do with the market value of this house, as I want my parents to cash out and pool resources on a collective doomstead. They won't do this, so that limits my future preps to what I can accomplish with my own finances. If I thought the future economy would enable me to pay off a 30 year mortgage I might not be afraid to take on debt just as my parents were casual about it when they bought this house in the 1960s. But by limiting myself to all-cash in order to prevent myself from losing the doomstead to a future foreclosure, I can not do nearly as much as I could do if we pooled resources.

It's easy to say that each generation should pull its own weight, but if the prior generation had an easier time of it, and future generations worse, then odds are most of us can't have faith that our work ethic and persistence will get us through as it may have done them. So you start to see your life as being made or broken based on the judgment of your aging parents.
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Re: Have any of you ever been cut out of a will?

Unread postby Plantagenet » Sat 08 Jan 2011, 13:41:22

$this->bbcode_second_pass_quote('mos6507', '[')
I've had countless arguments with my parents over what to do with the market value of this house, as I want my parents to cash out and pool resources on a collective doomstead. They won't do this, so that limits my future preps to what I can accomplish with my own finances. If I thought the future economy would enable me to pay off a 30 year mortgage I might not be afraid to take on debt just as my parents were casual about it when they bought this house in the 1960s. But by limiting myself to all-cash in order to prevent myself from losing the doomstead to a future foreclosure, I can not do nearly as much as I could do if we pooled resources.


Why don't you set up your doomstead in your parent's basement?

That way you could pool resources with your parents and create that really cool doomstead that you want, but they could continue to live upstairs in their own house as they wish to do.
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Re: Have any of you ever been cut out of a will?

Unread postby rangerone314 » Sat 08 Jan 2011, 14:11:52

If I ever had a significant amount of money when I get old, I'd probably fake my own death and then observe which family members act like the worst a$$e$ and then miraculously I am alive again and then I publicly cut the a$$e$ out of the will.
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Re: Have any of you ever been cut out of a will?

Unread postby PrestonSturges » Sat 08 Jan 2011, 21:55:31

Sometimes it's the fine print, like "remaining assets to be divided equally," and the executor might say "well there aren't any other assets."

In fact your Grandfather will have bonds maturing, business inventory, warehouses, insurance policies that need to be claimed, mutual funds, big chunks of stock, and real estate nobody knew about (and may have an office building squatting on). Also, his customers may owe his company large sums of money, but they might just "forget" to pay until someone reminds them. It can easily take a year to gather up all those incidental assets because nobody knows about them until the companies send statements or bills. So there could be a whole lot of assets out there that can be stolen from the rightful heirs unless someone really pays attention and prevents it from getting all mingled together.
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Re: Have any of you ever been cut out of a will?

Unread postby Tyler_JC » Fri 14 Jan 2011, 17:16:55

My grandfather on my dad's side had a diamond ring that was supposed to go to me when he died.

Well, he died and the ring ended up going to my uncle.

But my uncle took care of my grandfather in his last few years while I visited him maybe once a year. So...it's fine by me that I didn't get the ring.
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Re: Have any of you ever been cut out of a will?

Unread postby SeaGypsy » Fri 14 Jan 2011, 20:51:35

Here's another variation on the theme:

My grandad, who died wealthy, spent 6 years in a nursing home at his own expense.
My mother, who has 1/36th of her father's estate, intends to move to a nursing home as soon as she 'doesn't feel safe' looking after herself anymore. This despite the fact I am a trained palliative and aged care nurse and that I was my father's carer at the end stage of his life.
In my mother's family, if you make age 40, you will probably make close to 90.
I expect my mother will spend much of what she has on $500 a day care towards the end of her life.
She doesn't even consider that this is money she could easily save, or that me and my brothers would certainly make sacrifices to share her care. She doesn't want to be a 'burden' to us. :?:
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Re: Have any of you ever been cut out of a will?

Unread postby Sixstrings » Mon 14 Feb 2011, 20:29:33

A little update.

My brother wrote my uncle a heartfelt letter.

Uncle wrote him back.. told him that the three grandchildren weren't good grandchildren, we deserve nothing. Said we never visited our Grandpa enough. I don't know what more I could have done, I've been going up there to visit him (and my father, before he passed) since I was 6.. as an adult, I flew up there at my own expense every few years.

Worst of all, he said "maybe if you all turn your lives around one day you'll get to ask your grandfather why he felt this way about you."

Bizarre.. I asked my brother to mail me a copy of the letter. This sounds nothing like my uncle, he's an executive for a big oil company, all business, has class -- I can't imagine him writing something like this.

My brother said he asked about our grandmother's quilts -- uncle said we can't even have those, we get absolutely nothing.
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Re: Have any of you ever been cut out of a will?

Unread postby Plantagenet » Mon 14 Feb 2011, 21:12:40

There's an old saying that goes "you really don't know someone until you share an inheritance with them."

I think you've just found out that your Uncle is not a very nice person, and may be an unscrupulous schemer we well. [smilie=evil5.gif]
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Re: Have any of you ever been cut out of a will?

Unread postby SeaGypsy » Mon 14 Feb 2011, 21:55:08

I think I told this story ages ago on another thread, I will mention it again. My father's only brother refused to lend him $40k for an operation to save his life. He is a retired billionaire executive of a major US corporation who bragged to his dieing brother of his $286 million golden handshake. His words to his only brother "I will pay for your operation if you first come to my church (evangelical southern Baptist), publicly confess your sins and pledge your soul to Jesus Christ". How the F*%k is that!
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Re: Have any of you ever been cut out of a will?

Unread postby Sixstrings » Mon 14 Feb 2011, 22:08:55

$this->bbcode_second_pass_quote('Plantagenet', 'I') think you've just found out that your Uncle is not a very nice person, and may be an unscrupulous schemer we well. [smilie=evil5.gif]


Looks that way. Why else would he feel the need to defend the will? He's the executor, he doesn't have to embellish things with a letter telling us how awful we are -- that makes the whole thing smell fishy, as if these were really UNCLE's wishes.

I really can't wait to get that letter so I can marvel at how a man could have hidden such crass bile and hatred for so many decades. I've never had a cross word with him.. just once actually, at my father's funeral. The man refused to ride with us in the family limo. I insisted. My thought was no, you are not going to slink away like this man wasn't your brother. Get in the damn car. I didn't say that of course.. I politely insisted, and he finally agreed at the urging of his wife (a decent human being).
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