Anyone ever have to battle a close family member over an inheritance?

[chewyxrage]

moms 62,We are keeping the property just taking out a 2nd to free up some cash.Ortiz go to bed

When you say taking out a 2nd are you referring to 2nd mortgage on it?

 

[hog#head#cheese]

When you say taking out a 2nd are you referring to 2nd mortgage on it?

Yes I am sorry I should have been more specific

 

[Cutiebaby]

Ok My dear Peeps heres the situation,My father died 5 years ago and left 1/2 (amongst other things)Of an 8plex apt building in New Orleans to My sister and I(The other half is owned by my uncle)For the last 5 years my sister and I have allowed my mother 100% of all rents(about 3200.00 per month before taxes)Because she needs the money(like I don't but whatever)There is only a verbal will my dying fathers request was for my mother to have the house ,and my sister and I the building(both are completely paid for)Well I have been pushing to sell the building for 2 years(its worth about 600k in which I am entitled to 1/4 or 150k)My uncle is a very wise investor and has made millions in real estate and talked me out of selling and instead wants to pull a second for 200k,we still own the building,iv'e got money in my pockets and the rents pay the note.Heres the problem:My mother obviously HATES this idea as it will take income from her(she already has plenty)And now she feels she is entitled to 50k of the 150 split.My uncle is taking the high road and if you guys follow my threads(I know ariel does)You know my mother is an alcoholic with a reckless lifestyle.I'm scratching my head right now because if lawyers are involved those scumbags are gonna rape me so im all out fucked right now.Sorry for the rant if you made it this far thanx 4 reading.HHC

My mother had to go through a battle. My nana died 2 days after her husband, therefore they took the estate and all monies and combined them instead of seperating. My mom had to fight with her step brother and sister for 1/2 of everything..Long drawn out process that took forever.

Was your mom still married to your dad? She could contest his will and get 50% of what is yours, if I am not mistaken.
But what do I know.

 

[hog#head#cheese]

My mother had to go through a battle. My nana died 2 days after her husband, therefore they took the estate and all monies and combined them instead of seperating. My mom had to fight with her step brother and sister for 1/2 of everything..Long drawn out process that took forever.

Was your mom still married to your dad? She could contest his will and get 50% of what is yours, if I am not mistaken.
But what do I know.

Yes they were very much still happily married She is trying to get as much as possible.

 

[Cutiebaby]

Yes they were very much still happily married She is trying to get as much as possible.

Well then obviously if they were happily married she is entitled to half of what was your fathers regardless of what he wanted. My mother will eventually have to go through the same issues with her spouse as he has a will leaving everything to his niece and nephew, however 1/2 of all in total belongs to my mother.
You will just end up wasting money on lawyers trying to fight it all, and in the end she will walk away with more than what you started with.
Best thing to do is go to the local family probates court and try to get a mediator to sit with you and your family to see what can be done, and what you can stop from being done. They should be able to tell you and your mother the options..It would be a shame to battle for years over estates and end up paying a lawyer to do jack shit over those years, and him walking away with more of your monies.
Maybe your mom may be too numb (sorry to speak of your mom like that) and she wont know that she can have half maybe she thinks you get it all or whatever. Explain to her that if she fights you on it she will have to pay all her legal fees, maybe she will not do it if she does not know about it all. Get what i am trying to say here?

 

[hog#head#cheese]

I put the ink down this week,Fuck it Im not gonna battle my mother in a courtroom over money.Im still getting 50 and the building is not getting sold so what th hell.

 

[Bikini Mod]

Yes, even IF the husband had a will and purposefully left her out. Every state I know of has a pretermitted spouse statute which protects spouses who purposefully (or accidentally) omit their spouses from the will.

I dunno bout that... Does this apply in PA? I knew a very wealthy dude who married a very wealthy woman when he thought she had less than 6 months to live with breast cancer. She showed his sorry ass and lived for like 5 more years. When she did eventually die he got NOTHING. He wasn't even mentioned in the will. I remember the guy was FUMING over it for like years. (For all I know he is STILL pissing and moaning over it!) He jumped up and down and bitched and moaned but ultimately nothing happened. She was the heiress to the family that owned weight watchers. She knew he was major big tom-catting around on her the whole time they were married and so did the family (had some spy ware on his computer so every email and chat he had with the gobs of women he was cheating with was printed out from her work office LOL). Regardless of the fact that he went with her to all the chemo and procedures and did everything to make her final years comfortable (playing the dutifull spouse) he got BUBKISS when she died. :LMAO:

I suppose there is justice SOMETIMES.