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06.27.08, 21:16 PM General Topics
46 replies
My grandfather executed a will in his 90's and listed the then great-grandhcildren. The stupid attorney apparently never mentioned future great-grandchildren. My grandfather died when my dd was 2 and she doesn't get what all the other grandkids get - $100k. I'm so pissed at my family for not trying to settle it fairly. [ Reply | Watch | Flag ]
General Topics 06.27.08, 09:16 PM Flag
 

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what should they do? [ Reply | More
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General Topics 06.27.08, 09:19 PM Flag
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At least acknowledge it and maybe at least offer to contribute a part of what the parents received toward my dd. [ Reply | More
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General Topics 06.27.08, 09:24 PM Flag
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np: That is absurd. What entitles your daughter to anyone else's inheritance? [ Reply | More
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General Topics 06.27.08, 09:35 PM Flag
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Op- trust me, if your siblings got $100k and you did not, you'd want things settled fairly. [ Reply | More
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General Topics 06.27.08, 09:48 PM Flag
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how many dc do you have? [ Reply | More
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General Topics 06.27.08, 09:53 PM Flag
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If my parents wanted to give my siblings money and not me, that is fair. What is unfair would be stripping my parents of their right to give away their money as they see fit. I wouldn't want anyone telling me that because I have Suzy a red bicycle for Christmas I HAVE to give a red bicycle to Johnny too. [ Reply | More
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General Topics 06.27.08, 09:53 PM Flag
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Op- thanks, but you'e missing the point [ Reply | More
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General Topics 06.27.08, 09:55 PM Flag
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^^think Heath Ledger not including his dd in his will [ Reply | More
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General Topics 06.27.08, 09:56 PM Flag
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How is this even remotely similar? [ Reply | More
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General Topics 06.27.08, 10:01 PM Flag
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Heath Ledger had trusts for his dd and she was the beneficiary of most of his assets. She probably won't suffer because of her father's poorly written will (although she may pay more in estate taxes). [ Reply | More
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General Topics 06.27.08, 10:03 PM Flag
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I understand your point. You want your dd to have what her siblings/cousins got. But you are trying to make this an issue of fairness, and it isn't. [ Reply | More
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General Topics 06.27.08, 09:59 PM Flag
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i think you would have a point if you had a mean parent who disinherited you and your non-disinherited sibling didn't kick in something for you. when you're talking about three generations removed, it sounds a bit trivial. [ Reply | More
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General Topics 06.27.08, 10:10 PM Flag
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Why don't you give your inheritance to your dd? Then she could get the same the other greatgrandchildren. [ Reply | More
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General Topics 06.27.08, 10:15 PM Flag
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how do you know that the attorney made a mistake? Isn't it possible that your grandfather only intended to share his estate with the ggc that he knew when he executed the will? [ Reply | More
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General Topics 06.27.08, 09:26 PM Flag
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OP- out of all the great grandkids, he was closest to mine. He spent 2 yrs with my dd before he died...... [ Reply | More
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General Topics 06.27.08, 09:28 PM Flag
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np: Then he had two years to update his will or to create a trust for your dd. [ Reply | More
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General Topics 06.27.08, 09:34 PM Flag
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OP- well, I'd argue he was senile when he executed the will, and if not, definitely shortly thereafter. He'd tell me the same story about my dd 10-12 times each visit. [ Reply | More
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General Topics 06.27.08, 09:46 PM Flag
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Are you contesting the will on the grounds that your grandfather was not mentally competent to execute it? [ Reply | More
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General Topics 06.27.08, 09:47 PM Flag
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that's the problem: if he was senile AFTER he executed the will, but not at the time that he executed the will, then the will is still valid. There were witnesses to the signing of the will, no? Have you asked them whether he was mentally competent when he drafted the will? Did you think that he was "all there" during the time frame that he executed the will? If you really think that he was not mentally competent to author the will, then you could contest it in probate court, I believe. I can assure you that your other family members will never forgive you for this. It doesn't sound like there is anything else glaringly wrong with the will. Also, it sounds like you probably got a big pile of money yourself if great grandchildren got $100K. Why not create a trust from your inheritance for dd? [ Reply | More
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General Topics 06.27.08, 09:52 PM Flag
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are your relatives aware of the close relationship that existed between your dd and your grandfather? [ Reply | More
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General Topics 06.27.08, 09:37 PM Flag
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how "close" could a senile 90+ y.o. man feel to a 2 y.o.? I'm sure you're hurt but I suspect you're exaggerating here. [ Reply | More
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General Topics 06.27.08, 10:01 PM Flag
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you make me glad all MY relatives died with nothing left in the bank. [ Reply | More
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General Topics 06.27.08, 09:26 PM Flag
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I hope my parents blow every cent they have on a wonderful retirement. Because when my sister finds out she was disinherited, she will pitch a fit. [ Reply | More
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General Topics 06.27.08, 09:37 PM Flag
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lol [ Reply | More
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General Topics 06.27.08, 09:39 PM Flag
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It sounds like it was settled fairly: In accordance with your grandfather's wishes. Your anger isn't with the attorney or your siblings/cousins. It's with your grandfather. [ Reply | More
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General Topics 06.27.08, 09:33 PM Flag
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OP- I disagree. Of course my grandfather wanted to leave $ to every great-grandchild. . [ Reply | More
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General Topics 06.27.08, 09:47 PM Flag
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If your grandfather died without a will, we could talk about the fair way to distribute his wealth. Your opinion of his wishes would have some weight in that conversation. But he did have a will. He documented his wishes. You may not be happy with his wishes and his decision to disinherit any children, grandchildren, or great-grandchildren born after the will. But the only fair thing is to honor his wishes. Can you imagine if we routinely ignored wills and just let families argue amongst themselves to settle estates? No one would get to control how their wealth was distributed after their death! [ Reply | More
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General Topics 06.27.08, 09:51 PM Flag
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OP- ACtually, some states have a protection for this type of thing when it happens with children (as opposed to great-grandkids.) It's not rocket science. [ Reply | More
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General Topics 06.27.08, 09:53 PM Flag
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isn't that only with minor children? there's a sound public policy reason for that. Great grandchildren, not so much. [ Reply | More
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General Topics 06.27.08, 09:56 PM Flag
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It's not a stretch. [ Reply | More
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General Topics 06.27.08, 09:58 PM Flag
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np: It is a stretch. Parents have a financial responsibility to minor children. Grandparents do not have a financial responsibility to grandchildren. [ Reply | More
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General Topics 06.27.08, 10:00 PM Flag
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Correct. It is very hard to disinherit children in many states. But it can be done. If you want to do it, you engage a good estate attorney to make it very hard for your issues to challenge the will. [ Reply | More
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General Topics 06.27.08, 09:58 PM Flag
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ITA. Your grandfather left $ to people he actually knew. Nuf said. [ Reply | More
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General Topics 06.27.08, 10:24 PM Flag
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i get why you're upset - you feel like your kid's been cheated. but you come off as so entitled. it's just one of those things in life that suck. move on. tho i am surprised that the other parents (your sibs and cousins) didnt offer to split the total evenly. how many g-g-dc? how many g-dc? was your dc the only one left out? [ Reply | More
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General Topics 06.27.08, 10:06 PM Flag
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Have you considered the tax impact of this? First, the beneficiaries would (likely) pay the estate tax. Then they would pay gift tax to give money to OP's dd. I can't imagine OP would be willing to pick up the tab for the gift taxes. [ Reply | More
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General Topics 06.27.08, 10:09 PM Flag
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and she should then pick up part of the estate tax as well if she's going to benefit from the estate, suddenly that $100K is seeming like a lot less. Isn't peace within the tribe worth more than whatever you'd net by making an issue of this? Is there a reason why your family members should perceive you as financially needy in general? That might also make a difference. [ Reply | More
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General Topics 06.27.08, 10:14 PM Flag
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sheesh. give her a break. she's upset that her dc was kind of cheated (in all honestly, sounds like it was an oversight by the g-father, NOT the atty.) i am sure that anyone in her shoes would feel the same way [ Reply | More
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General Topics 06.27.08, 10:17 PM Flag
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i would definitely feel slighted but not angry at dd's second cousin's once removed for not offering her money. [ Reply | More
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General Topics 06.27.08, 10:20 PM Flag
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I understand feeling upset. I don't understand whining about fairness or expecting a payout from those mentioned in the will. [ Reply | More
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General Topics 06.27.08, 10:22 PM Flag
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In a worst case, we are looking at the $100K being reduced to less than $25K. I know nothing of the will or the estate, so I will assume that the $100K is subject to estate tax (assume a 55% tax rate). Then $12K of the remaining $45K can pass tax free (assuming that the giftor doesn't want to dip into their lifetime allowance). This balance would be hit by gift taxes (paid by giftor, I assume transfered to giftee) at about 60%. [ Reply | More
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General Topics 06.27.08, 10:20 PM Flag
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Leading to dd getting a grand total of about $25K. Is this worth ruining relationships with family members? [ Reply | More
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General Topics 06.27.08, 10:21 PM Flag
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if these numbers are accurate, then OP should feel a bit better right now. It's not such a big deal after all. [ Reply | More
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General Topics 06.27.08, 10:22 PM Flag
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I can't tell you if the numbers are correct, because I know nothing about the estate or estate plan. But the tax rates for estate taxes and gift taxes are very, very high. [ Reply | More
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General Topics 06.27.08, 10:24 PM Flag
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Our trust is set up the same way. We are lucky that everyone has been really fare about the whole thing. [ Reply | More
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General Topics 06.27.08, 10:23 PM Flag
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After I went to great pains to write my will, I expect my heirs to respect my wishes. I don't want my assets distributed according to anyone else's opinion of what is fair. My opinion is the only one that matters in this case. [ Reply | More
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General Topics 06.27.08, 10:27 PM Flag
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did you talk to an attorney? that's a huge mistake--it's standard to put "hereafter born". [ Reply | More
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General Topics 06.28.08, 04:34 AM Flag
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