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Wicked Father

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amberwave

Member
Ill try to make this as short as possible . My mom was comming in to money from both her father and mother..she made a will 3 weeks before she passed away in hospital as we found out he was going to all the banks checking up on how much money she was going to come in to and land...about 900 acres..farmland , crp, and pasture mixed...and almost all of my grnadparents acct.'s had both my mom and grandparents name on all acct.'s { I might add that her parents were divorced since she was a small child..but they died with in 2 weeks of each other, with mom passing 6 mo.s later ...my mom was in her late 60's } any way she gave us kids some money from her and my grandpa's checking acc. { it became HER money solely when he died as her name was on acc.} Money graber father is now saying he is due all money that was left to her { our mom} he was left well over 100k { from grandparents moneyin the form of cd's from mom POD to him } plus all there joint stuff ...mom left all grandparents land and money to us kids ...he is trying to grab every cent ...the devil himself hasnt got nothing on this man ...he is mean he beat our mom all her life etc. and us too...now he thinks he should get all money and property of grandparents ...and HE SHOULD BE THE ONE TO SAY WHO GETS WAHT...! I am executor of mother estate ....the atty.s are no help on this ....says it is 50 / 50 weahter estae or each of us should have to pay it to him ...? Can anyone help on this ....I know about the 10k thing limit from one parent ..but this was from her personal acct. not his and hers and he wants me to included this in the estate now ...my atty. says he doesnt think he can included it ..his atty. is asking for what every body got ...which dont amount to more than 20k apiece to be included in estate...for probate due to her giveing away money with in 2 yr.s of her {my mom's } death so his atty is asking for acct. of money she gave away while alive ??? this is in state of Kansas and I might add ..this was HER mohter and father's money ...he is and came from lazy bones family ...there idea is to live off everybody they can...take what you can and if they dont give it to you beat it out of them
 
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ALawyer

Senior Member
This is one that you need capable attorneys in your mother's home state to address.

IF they were married and not separated, he is entitled to elect a spousal share even if there was a Will, and what KS law says if there was no will.
 
A

advisor10

Guest
2-28-2002

DEAR AMBERWAVE:

You have left a few important questions unanswered:

(1) Whose names were on the her personal bank account that you all got the money from--was it just her name alone?

(2) Any money she gave you while she was still alive does not have to be accounted for, since she has free will to do whatever she wants to with that money. What happened to her bank account after she died: did you as executor claim it, and did you claim what was left over in this account before or after she died?

If you claimed it before she died, it is not an estate asset. If you claimed it after she died, the money should go to whoever she named as beneficiary on the bank account signature card. If no beneficiary was named there, the money should go into the estate. If a beneficiary was named, the money should go directly to the beneficiary without having to be reported as a probate asset. That concept is called joint tenancy with rights of survivorship. If the attorney on the other side is telling you it needs to be reported to the estate, you need to ask him to mention what law requires that (he won't be able to come up with anything).

SINCERELY,

advisor
 

amberwave

Member
wicked father

Yes there is a will ... BUT father's atty. is asking for a acct. of ALL gifts my mother made to her chlidren or grandchildren two yr.'s PRIOR to her death, being that anything over 10k she was not intiteld to give away even thou it was HER parents moeny that was left to HER she gave away ...in other words he is going after every penny he can ...yes they WERE married ...he was abusive and she was afraid to leave him and told us he said he kill her if she ever left ...and belive me this man would of tried ...the house he sits his BOTTOM in , was bought for my mom by her parents ....but he wants every one to belive HE bought it ...like to act like he has money ...but he dont have a window to throw it out of ...he is electing agaist my mohter will..the sad part is this ....NOW we know ...mom could of declined her estate from her parents ..but the atty. KNEW he could make money on two wills ...he was handling the estate of grandparents , all money and asstets from HER PARENTS ...would of went to the kids and grandkids...but she was not told this by the atty. {to simply decline the estate's }. And people wonder why atty. get a bad name. But Karma did come as soon as I found this out ....I FIRED HIM ! he only probated the one estate. WHATCH OUT PEOPLE ....! yes the money was in a acct. seperate from my father that she gave to kids ...it was her acct. only but because she gave it away with in the two yr.s proior to her death he is saying she cant do that ...and my father's atty. is asking my atty. for my moms estate for a acct. of that money and to whom it was given to.
Sorry for the long reply!
 

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