by eyewash

Question: Urgent Question about my Father’s Will?
I’ve re-written this about 3 times because I’m so emotional about the entire situation that I end up writing a novel! I’m going to try this again without the sentiment about my wonderful Dad so that it’s not so long.

My father became very sick very quickly in April of this year. He developed Pancreatic Cancer, and I was DEVASTATED because I had lost my wonderful Mom 3 years earlier ALSO to PC. Daddy was my hero, and I was by his side 24 / 7. He needed constant care from this horrible disease.

5 important notes:
***After Mom died, since I was single, I moved in with my Dad from my apartment to help him acclimate to things since he and Mom were together for 45 years. (Daddy was a very strong man, but he was very hurt by losing Mom.)
***I had a minimal amount of Credit Card Debt, but Dad hated any kind of debt, and he helped me over 6 months to become debt free.
***At the beginning of this year, we were all getting along better, and getting on with things, and Dad was trying to help me find a house or a Condo because he HATED me Renting!
***After Mom died, my oldest brother and my Dad “flipped” a couple of houses using the money from Dad’s Home Equity Line. Dad would invest the money, they’d hire people to work it, and they’d split the profit AFTER Dad’s Home Equity Line was paid back.
***In August 2007, my brother and my Dad invested in another house which my Dad called “The Money Pit” because he was SICK of putting money into it.

IN A NUTSHELL, Dad wanted me to have the house (the house where we grew up) and he gave my brother the plot of land beside the house. My oldest brother told Dad that his attorney could draft a Will for him, and Dad agreed.

When my oldest brother brought the Will up to my Dad’s hospital room, Daddy had JUST gotten back from chemo. My brother “SKIMMED” the contract with my Dad, just stating the “Basics”. When I asked to see the Will, my sister-in-law was hovering over my brother so I couldn’t see it, then my brother flipped through a couple of pages and said “This is the part that pertains to you. It says you get the house.” My Daddy passed away 4 days later with me holding his hand.

Again, trying to be brief here, my Father still had the $ 60,000 outstanding Home Equity Line after he passed away. The ENTIRE $ 60,000.00 is the money paid on the “flipped” house. My brother had the Will written so that if there were any outstanding Liens or Debts attached to any Gifts from the Estate, the Lien or Debt would become the responsibility of the person who received the Gift. Therefore, as the person who inherited my Dad’s house, I inherited this DEBT.

My father would NEVER have intended for me to inherit a house with a DEBT attached to it! It’s so frustrating because the way my brother had my Dad’s Will written, he didn’t have to show us ANY of the bank statement records, NONE of the Checks, etc. He had a clause SPECIFICALLY stating in the Will that he wasn’t required to show ANYTHING to us.

I never DREAMED my brother would betray me this way.

In reference to the house that they were “flipping”, since Dad was co-owner at the time of his death, it’s an asset. Therefore, my oldest brother gets 50% of the house, and the 4 of us split the other half 4 ways.

I know that my father intended for my oldest brother to SELL that house across town to pay off the Home Equity Line as they had done before. My daddy was too SICK at the time to think of legal strategy. And we TRUSTED my oldest brother to do the RIGHT THING! We THOUGHT he was HELPING! My other 2 brothers are completely on my side and have almost come to BLOWS with my oldest brother about this because they know it would have been what Dad wanted.

I’ve consulted NUMEROUS attorneys, and they’re telling me that since my brother had the clause about the gifts in there, there is NOTHING I can do. Most of the attorneys with whom I speak are sympathetic to my situation. They all state that ETHICALLY, it’s a travesty, and my brother shouldn’t have done this; however, LEGALLY, he has done nothing wrong.

As well, they tell us that if we contest the Will, then my Dad’s estate will be divided int

Answer:

Answer by Beebs
The only way to change the will is to contest it. That will get messy, and possibly expensive. The home equity should be paid pursuant to the contract between your brother and he.

Good Luck.

by eyewash

Question: Urgent Question about my Father’s Will?
I’ve re-written this about 3 times because I’m so emotional about the entire situation that I end up writing a novel! I’m going to try this again without the sentiment about my wonderful Dad so that it’s not so long.

My father became very sick very quickly in April of this year. He developed Pancreatic Cancer, and I was DEVASTATED because I had lost my wonderful Mom 3 years earlier ALSO to PC. Daddy was my hero, and I was by his side 24 / 7. He needed constant care from this horrible disease.

5 important notes:
***After Mom died, since I was single, I moved in with my Dad from my apartment to help him acclimate to things since he and Mom were together for 45 years. (Daddy was a very strong man, but he was very hurt by losing Mom.)
***I had a minimal amount of Credit Card Debt, but Dad hated any kind of debt, and he helped me over 6 months to become debt free.
***At the beginning of this year, we were all getting along better, and getting on with things, and Dad was trying to help me find a house or a Condo because he HATED me Renting!
***After Mom died, my oldest brother and my Dad “flipped” a couple of houses using the money from Dad’s Home Equity Line. Dad would invest the money, they’d hire people to work it, and they’d split the profit AFTER Dad’s Home Equity Line was paid back.
***In August 2007, my brother and my Dad invested in another house which my Dad called “The Money Pit” because he was SICK of putting money into it.

IN A NUTSHELL, Dad wanted me to have the house (the house where we grew up) and he gave my brother the plot of land beside the house. My oldest brother told Dad that his attorney could draft a Will for him, and Dad agreed.

When my oldest brother brought the Will up to my Dad’s hospital room, Daddy had JUST gotten back from chemo. My brother “SKIMMED” the contract with my Dad, just stating the “Basics”. When I asked to see the Will, my sister-in-law was hovering over my brother so I couldn’t see it, then my brother flipped through a couple of pages and said “This is the part that pertains to you. It says you get the house.” My Daddy passed away 4 days later with me holding his hand.

Again, trying to be brief here, my Father still had the $ 60,000 outstanding Home Equity Line after he passed away. The ENTIRE $ 60,000.00 is the money paid on the “flipped” house. My brother had the Will written so that if there were any outstanding Liens or Debts attached to any Gifts from the Estate, the Lien or Debt would become the responsibility of the person who received the Gift. Therefore, as the person who inherited my Dad’s house, I inherited this DEBT.

My father would NEVER have intended for me to inherit a house with a DEBT attached to it! It’s so frustrating because the way my brother had my Dad’s Will written, he didn’t have to show us ANY of the bank statement records, NONE of the Checks, etc. He had a clause SPECIFICALLY stating in the Will that he wasn’t required to show ANYTHING to us.

I never DREAMED my brother would betray me this way.

In reference to the house that they were “flipping”, since Dad was co-owner at the time of his death, it’s an asset. Therefore, my oldest brother gets 50% of the house, and the 4 of us split the other half 4 ways.

I know that my father intended for my oldest brother to SELL that house across town to pay off the Home Equity Line as they had done before. My daddy was too SICK at the time to think of legal strategy. And we TRUSTED my oldest brother to do the RIGHT THING! We THOUGHT he was HELPING! My other 2 brothers are completely on my side and have almost come to BLOWS with my oldest brother about this because they know it would have been what Dad wanted.

I’ve consulted NUMEROUS attorneys, and they’re telling me that since my brother had the clause about the gifts in there, there is NOTHING I can do. Most of the attorneys with whom I speak are sympathetic to my situation. They all state that ETHICALLY, it’s a travesty, and my brother shouldn’t have done this; however, LEGALLY, he has done nothing wrong.

As well, they tell us that if we contest the Will, then my Dad’s estate will be divided into 1/4′s (for all 4 of us kids.) I’m perfectly okay with that, but my other 2 brothers are saying that it’s wrong because that’s not what Dad wanted. He wanted me to have the house unencumbered. They’re saying that it’s crazy that you have 3 siblings who KNOW how Dad would have wanted this, and our oldest brother is the only one profiting, and he has all the power.

I’ve picked up the 90 Day Inventory, and this is the only knowledge I have of the things that my brother has accounted for.

I’m so unbelievably hurt and frustrated.

Does anyone have any suggestions? I feel that I’ve exhausted EVERY possibility, and one of my brothers is pushing me to find someone else to do something. I’m so unbelievably depressed about all of this. Besides losing my wonderful Dad, I’m dealing with this massive

Answer:

Answer by Boxers
“I’ve consulted NUMEROUS attorneys, and they’re telling me that since my brother had the clause about the gifts in there, there is NOTHING I can do. Most of the attorneys with whom I speak are sympathetic to my situation. They all state that ETHICALLY, it’s a travesty, and my brother shouldn’t have done this; however, LEGALLY, he has done nothing wrong.”

Sorry, but I doubt free advice here is going to be better than advice from attorneys in your own state.