My mother was insistant she record her wishes in an INFORMAL type of will. There was no real estate, no money, only one bank account POD to me, and her 5k life insurance. Her belongings furniture etc, actually belongs to me, and has for some 30 years. I was going to move also but changed my mind. After my dad died in 2012 mum became almost crazy with wanting to make sure there wouldn't be any problems, or question as to what belonged to who. Neither mum or I really for a second thought that anyone would fight for something they KNEW already belonged to me. Anyway, 2 yrs ago we sat down and hand wrote her wishes, in which it was clearly stated what she wanted, how the life insurance & any remaining cash was to be spent. I was the sole beneficiary of the life insurance, & her designated representative.
I had to literally force mum to leave something (pictures, wine glasses etc) to my brother. In the end we just stated that I was to decide what was to be given.
Out of the life insurance etc, final expenses to be taken out, the cost of moving items from MO to CA, and repayment of any monies spent to care for her etc.
In the end I ended up with a massive negative cash flow.
I won't bore you with all that happened, but surficed to say, I havent spoken with my brother since leaving.
As I drove through horrible storms in a 16ft truck, he texted me demanding accounting of mums money. (7k was all left including life insurance). & copy of will... which I sent on my return home.
Now he is demanding I pretend he is probate judge, and give account of ANY & ALL accounts open/closed, out standing debt, copy of will, and life insurance, and ANY & ALL documents/expenses pertaining to OUR parents affairs. Remember dad died in 2012 and mum 2014.
What is he entitled to? Other than a copy of her will if you could call it that.
He wasn't on the life insurance, so do I have to provide that?
What the **** would you do???
He has had no contact with Mum except to ask for money (duplicitously or outright - he has done both) in 17 years so when Mum wrote her will she decided to cut him from it completely. The solicitor said there would almost certainly be a challenge if she did not address this (I think however this would apply to any child adopted or otherwise). With that in mind she sat and wrote a letter to her son explaining WHY she was leaving him nothing and the solicitor witnessed it.
This may be the best explanation I can give to anyone wanting to omit someone from a will
Was the will ever registered with a probate court?
Raise it with your next attorney to ensure it's handled properly.
BTW, using online forms is NEVER the same as hiring an attorney. "Ask" the online forms website some specific tax issues, such as the taxation rate on inherited IRAS. Ask it to explain tax compression rates. Ask about an in terrorem clause. See if it can answer.
It was one of our attorneys who suggested the clause, but one never knows what the rascals in the state legislature have been up to (besides going on junkets, spending money and redecorating offices - one actually did his office in the "Downton Abbey" style).
Thanks for the tip.
Wouldn't it be really good if the state said listen we know you cared for your Mum Dad whoever for 8 years and we know we only cared for them for 8 months so we are going to evaluate the estate at the time they went into our care and share that between you and us in the same ratio - in this envelope is your 12/13 back and thank you for doing that for your loved one. Oh and as for you who phoned now and again but never lent a hand or lifted a finger this is your gift - and then gift them an empty envelope each.
OK I have gone into la la land again!
I have seen before where there has been a clause in the will that if there can be no amicable division and there is so much as 1 disagreement then it is ALL sold and then the money is divided which I personally think is something that SHOULD happen BUT then you would always get the nasty inheritor who didnt get what THEY wanted so kicked up in order that NOONE got what they were left. A sort of if I can't have it you arent having it either type of attitude
(If he asks you again for the information, tell him you've exhausted your postage budget and ask him to forward money for postage to you!)
Here's a challenge for you. Google on YOUTUBE the song "Let it go" from the movie. If you can't get through that, or the tears don't help you, or if the tears don't stop, then agree to go for a little help. Take care.