Inheritance Drama: You Got Any? Stories Wanted.

[BlueHouse]

Miss Manners says that this is a task to delegate to the first person who says, "I'm so sorry. Please let me know if I can help you in any way."

I'm sorry for your loss.

I wish I had done this.  Thank you!

[markbike528CBX]

Miss Manners says that this is a task to delegate to the first person who says, "I'm so sorry. Please let me know if I can help you in any way."

I'm sorry for your loss.

I wish I had done this.  Thank you!

Great idea, now all I need is a list from Mom of whom to inform.   We've lost contact with large parts of her family.

[LadyMuMu]

We recently updated our wills and our attorney actually gave us a file folder of papers to complete in addition to the legal stuff. In this file was a sheet where we wrote down our "to be contacted" people that folks might not know to call or reach out to. It also has a list of our essential online accounts and passwords as well as a comprehensive list of all financial assets to help out our executor. We just tell our executor where the "red folder" can be found.

I know some of you have relatives who are resistant to writing any sort of will or medical directive. (I have one of those myself). I'm finding starting the conversation about who you want to be informed a gentle way to open the door again on this topic.

[Hula Hoop]

My MIL and I (both only children) were talking about some of these end-of-life matters over the weekend, as we're approaching the fifth anniversary of many milestones associated with her mother's death. It seems like when you have four or more children, there's pretty-much guaranteed to be a drama-loving/moocher/problem child in the group.

But my MIL was quick to point out that being the only child to bear the burden was also difficult in different ways (and that was WITH an incredibly supportive spouse). So my guess is 2-3 siblings is the best. But there are a healthy number of stories here that have problems there, so maybe I'll retreat to "entitled people just suck".

That's why I'm incredibly grateful for my husband's family.  When his father passed away a couple of years ago there was literally no drama between him and his other three sibllings.  The house was sold and they money divided into fourths.  It probably helped that there wasn't a lot of money there but no fighting and no moochers.

[fredbear]

As a slightly lazy version of evil incarnate, I think I want to drink with you.

I'd enjoy getting together.  But I don't drink. 

- It seemed to me witless to pour a chemical depressant onto a depressing situation.
- It was making me stupid at night while my children were young.  I decided that I could be stuporous (2 beers before a heavy meal) just as much as I wanted, once they were 18.  You don't get do-overs for those years.
-  It seemed like social chickenshittery.  Just as an experiment, ask a group of friends, "When was the last time you had a first time that was alcohol-free?"

Raw carrots and tapwater some time?  I get down to NM from time to time hunting. 

[TheGrimSqueaker]

As a slightly lazy version of evil incarnate, I think I want to drink with you.

I'd enjoy getting together.  But I don't drink. 

- It seemed to me witless to pour a chemical depressant onto a depressing situation.
- It was making me stupid at night while my children were young.  I decided that I could be stuporous (2 beers before a heavy meal) just as much as I wanted, once they were 18.  You don't get do-overs for those years.
-  It seemed like social chickenshittery.  Just as an experiment, ask a group of friends, "When was the last time you had a first time that was alcohol-free?"

Raw carrots and tapwater some time?  I get down to NM from time to time hunting.

A drink doesn't have to involve alcohol. I like to take fresh mint from my garden, pour boiling water over it, and make a nice caffeine free mint iced tea.

[elliha]

Inheritance story: My maternal grandfather died. Mom has  three sisters and three brothers so they were seven in total and my grandpa was not a frugal man and spent all of his pension and then some on clothes and such. He loved looking fancy and was very vain. His only real asset was a small house in the country side that he used to live in before but was now used as a summer house for him and the things that he owned like furniture and such. Two of my aunts still fought over almost every single piece in his house and wanted to have more less everything despite not really have any use for it. One was so angry when one of my uncles wanted to get grandpa's old but still quite complete every day dinner set with plates and such. He had divorced a couple years earlier and only got the back up dishes and therefore only had about 5 chipped and mismatched dishes and wanted to get those plates for a legitimate reason and they had virtually no sell value either. It took all of the other siblings backing my uncle up to get them to back down despite one of them was only going to give the dishes to one of their children to use in the caravan. So damn cheap to not want your own brother who really needed the plates to have them when you wanted to give them away to someone else. It is your brother!

In the end the other siblings more or less backed down or only stepped in and fought for the things they really wanted and just let the two greedy ones fight over the rest. My mom got a desk and some small things from grandpa, that was all she got due to the fighting. My oldest two uncles got grandpa's musical instruments which even the greedy ones knew he had said he wanted them to have and they surprisingly didn't fight over. The youngest got the before mentioned plates and a couple other small things and the oldest aunt got a pair of framed pictures that everyone knew grandma had left to her after some vigorous fighting with one of the greedy ones. All other furniture and things from a small apartment and a small house went to the two greedy ones. If grandpa had had money I think the family would have broken into pieces so that is the only consolation, they did make up after about 6 months and all of them ended up talking to each other and not hold on to all those feelings. But I still to this day think my two aunts were unbelievably greedy.

[sol]

she filled out a form that specifies it is to be split 4 ways when she dies (1/4 to each kid). Hopefully that is sufficient? 

In my family, the conflicts weren't over easy things like dividing up bank accounts.

One example:  Before my grandmother died, she moved into an assisted living facility and one of my cousins (and her family) moved into grandma's house (not free, but at very a very subsidized rent).  When grandma died, the will specified that the house be sold and the proceeds divided between her children, but the cousin's family tried to argue that cousin should get to keep renting the house, because grandma had been letting her live there, and they were going to be homeless without it.  Are you prepared to kick out a family with small children just so you can cash out of a property in accordance with the will?  Parts of my family still aren't speaking to each other after this debacle.

Another example:  My other grandma spent the last few years of her life living with the wealthiest one of her four children, in their big fancy house.  Her assets helped pay for building an integrated MIL suite, and then supporting the household for all of those years.  When she moved into a nursing home, her assets had to be depleted to zero to qualify for medicare and she died penniless.  The one daughter she had lived with was left with approximately a half million dollars in improved real estate value as part of her primary residence, that grandma had paid for, but which was technically not one of grandma's assets.  The other three kids got nothing of value, other than picture and keepsakes.  None of the other siblings were prepared to cry foul, so the one daughter who was already rich was the only one who got anything of value from grandma's assets and everyone sort of swallowed hard and moved on.

These sorts of complications are hard to foresee when you write a will, because neither of them were issues until the end-stages of life.

[Just Joe]

This thread has really redefined "crazy family" and "gold digger" and "selfish" among other words...

[SwordGuy]

Another example:  My other grandma spent the last few years of her life living with the wealthiest one of her four children, in their big fancy house.  Her assets helped pay for building an integrated MIL suite, and then supporting the household for all of those years.  When she moved into a nursing home, her assets had to be depleted to zero to qualify for medicare and she died penniless.  The one daughter she had lived with was left with approximately a half million dollars in improved real estate value as part of her primary residence, that grandma had paid for, but which was technically not one of grandma's assets.  The other three kids got nothing of value, other than picture and keepsakes.  None of the other siblings were prepared to cry foul, so the one daughter who was already rich was the only one who got anything of value from grandma's assets and everyone sort of swallowed hard and moved on.

Then again, they had the burden of sharing a residence with the grandma.   Some grandmas would be a blessing to live with, others would be a never-ending hell.    I have to say that, given some of the hateful folks I've known over the years, the other family members might actually OWE their rich sibling for the extra hassle.  :(

[Adventures With Poopsie]

I have really just enjoyed this thread and it has given me a lot to think about.

I remember when I was about 18 I visited my grandmother's house for the first time in a long time. I commented on a beautiful silver tea set she had, just told her it was really nice. Her response was "I will make sure you get that when I pass away." I remember being quite surprised by this, as it was just a throwaway comment. Don't get me wrong, I would love to receive it, but I also felt bad that she might have thought I was fishing for stuff.

We don't really talk much these days, so I'm sure I'm not getting the tea set. She has four children, one of whom is my mother. She doesn't talk to two of her children and she and my mother, while they talk, have had their differences. My mother thinks she will leave everything to the youngest daughter (my mother's half sister) and has told her half sister that she will challenge the estate on principal. Interesting times will ensue!

[TheGrimSqueaker]

I have really just enjoyed this thread and it has given me a lot to think about.

I remember when I was about 18 I visited my grandmother's house for the first time in a long time. I commented on a beautiful silver tea set she had, just told her it was really nice. Her response was "I will make sure you get that when I pass away." I remember being quite surprised by this, as it was just a throwaway comment. Don't get me wrong, I would love to receive it, but I also felt bad that she might have thought I was fishing for stuff.

We don't really talk much these days, so I'm sure I'm not getting the tea set. She has four children, one of whom is my mother. She doesn't talk to two of her children and she and my mother, while they talk, have had their differences. My mother thinks she will leave everything to the youngest daughter (my mother's half sister) and has told her half sister that she will challenge the estate on principal. Interesting times will ensue!

If you're an adult, you do have the right to open a conversation with your grandmother without going through your mother. Whether your mom is on the outs with your grandma isn't relevant to you. Call the old lady and find out how she's doing. Unless she's been a jerk to you, there's no reason for you not to reach out and maybe even lend a hand around the house if you're available. This by the way has nothing to do with the tea set. It's what adult grandchildren do when they want a relationship with the elder generation.

When we're children, our social circle is limited to the people our parents are in touch with: we aren't usually capable of traveling long distances by ourselves independently, although children are expected to write to their relatives and speak to them on the phone. They are generally coached to do this by their parents. These same parents take the lead when it's time to shop for birthday or holiday gifts, or when it's time to acknowledge someone's wedding or funeral. The children are supposed to absorb this lesson. When they become adults, they take over the responsibility of holding up their end of the relationships they wish to maintain.

[Adventures With Poopsie]

Oh no, she has definitely been horrible to me. I've made the choice as an adult not to have a relationship with her. I didn't invite her to my wedding recently, which I know upset my mother, but she understood. Sometimes I feel a bit guilty about it, but she is not a nice person and if she wasn't related to me, I would never tolerate such behaviour. Sure, we can make allowances for family and she has been made many, but I am pretty much done now.

[TheGrimSqueaker]

Oh no, she has definitely been horrible to me. I've made the choice as an adult not to have a relationship with her. I didn't invite her to my wedding recently, which I know upset my mother, but she understood. Sometimes I feel a bit guilty about it, but she is not a nice person and if she wasn't related to me, I would never tolerate such behaviour. Sure, we can make allowances for family and she has been made many, but I am pretty much done now.

Then ignore the old bat. She's probably forgotten about the china or used it for skeet practice.

[iris lily]

Another example:  My other grandma spent the last few years of her life living with the wealthiest one of her four children, in their big fancy house.  Her assets helped pay for building an integrated MIL suite, and then supporting the household for all of those years.  When she moved into a nursing home, her assets had to be depleted to zero to qualify for medicare and she died penniless.  The one daughter she had lived with was left with approximately a half million dollars in improved real estate value as part of her primary residence, that grandma had paid for, but which was technically not one of grandma's assets.  The other three kids got nothing of value, other than picture and keepsakes.  None of the other siblings were prepared to cry foul, so the one daughter who was already rich was the only one who got anything of value from grandma's assets and everyone sort of swallowed hard and moved on.

Then again, they had the burden of sharing a residence with the grandma.   Some grandmas would be a blessing to live with, others would be a never-ending hell.    I have to say that, given some of the hateful folks I've known over the years, the other family members might actually OWE their rich sibling for the extra hassle.  :(

Haha, agreed!

But a neutral way to look at this situation is that  grandma’s assets were hers, to do with as she pleased to make her own life rich. If that meant a nice MIL suite for herself in her declining years, how great for her! Residual fallout of her assets shoildnt be the focus.

[iris lily]

My MIL and I (both only children) were talking about some of these end-of-life matters over the weekend, as we're approaching the fifth anniversary of many milestones associated with her mother's death. It seems like when you have four or more children, there's pretty-much guaranteed to be a drama-loving/moocher/problem child in the group.

But my MIL was quick to point out that being the only child to bear the burden was also difficult in different ways (and that was WITH an incredibly supportive spouse). So my guess is 2-3 siblings is the best. But there are a healthy number of stories here that have problems there, so maybe I'll retreat to "entitled people just suck".

With my family of two siblings there were no problems in administering our mother’s assets.

I honestly think there will be minimal problems in administering DH’s father’s estate when he dies. DH is a family of 5 siblings and the estate is a couple of million. All siblings are healthy (non-druggy, no -mentally ill) adults who work or are retired from careers.

 But who knows, I may be overly optimistic. But the group did negotiate the family trust when their mother died, with no problems. Their eldest sister takes care of their father’s financial life, with no squabbles or requests for handouts. So all preliminary actions signal good behavior down the road.

But I will let you all know how this works put.

[CheapskateWife]

Trouble is a'brewing....

MIL owns a mobile home in Boulder CO...in a lovely park.  Mobile home is 30 years old and holds little value.  BIL lives in southern CA but struggles mightily due to felony history/bad choices/evil ex wife/child support obligation he chose not to pay/back taxes...anyway.

Two years ago, MIL asked us to be joint owners on her home in lieu of BIL so the IRS/State of CA won't seize it when she dies to pay his debts.  Fine, we agree.  Now come to find out she is running up loads of debt, never intending to pay it off.  Living outside her means and whatnot.  When she passes (she's turning 95 this summer) we inherit the "house" and are executors of her estate.  She was hoping that by transferring the house to us, we could sell it and give the cash left over to BIL secret-like so the people he owes wont find it.  We now realize her scheme and intend to transfer the house back into the estate upon her demise so as to pay off her debts.  Whatever is left goes to BIL.

Now come to find out that BIL expects us to continue to own the house after she passes, and then he plans to move into it, paying the spot rent to the Mobile home park and maintaining the house.  Problem is the park doesn't allow subleases, so we'll be on the lease, and if he stops paying rent, we are on the hook for evicting BIL from the house before we can sell it.  It was going to be a PITA to deal with originally but if MIL allows BIL to move in prior to her demise we have a whole different set of problems.   

[talltexan]

So. Conflicted.

I feel like people who lend money to 95-year-olds deserve the inevitable discharges that appear to be coming to 'em.

But I also understand the desire to avoid years of legal wrangling/lookback claims and use the home to try to do what's morally right.

It's clear you're not getting this house long-term anyway. MIL and BIL are out-of-control, so the sooner the house is transferred to BIL, the better it's going to be for everyone. What a mess!

[AlanStache]

Trouble is a'brewing....

MIL owns a mobile home in Boulder CO...in a lovely park.  Mobile home is 30 years old and holds little value.  BIL lives in southern CA but struggles mightily due to felony history/bad choices/evil ex wife/child support obligation he chose not to pay/back taxes...anyway.

Two years ago, MIL asked us to be joint owners on her home in lieu of BIL so the IRS/State of CA won't seize it when she dies to pay his debts.  Fine, we agree.  Now come to find out she is running up loads of debt, never intending to pay it off.  Living outside her means and whatnot.  When she passes (she's turning 95 this summer) we inherit the "house" and are executors of her estate.  She was hoping that by transferring the house to us, we could sell it and give the cash left over to BIL secret-like so the people he owes wont find it.  We now realize her scheme and intend to transfer the house back into the estate upon her demise so as to pay off her debts.  Whatever is left goes to BIL.

Now come to find out that BIL expects us to continue to own the house after she passes, and then he plans to move into it, paying the spot rent to the Mobile home park and maintaining the house.  Problem is the park doesn't allow subleases, so we'll be on the lease, and if he stops paying rent, we are on the hook for evicting BIL from the house before we can sell it.  It was going to be a PITA to deal with originally but if MIL allows BIL to move in prior to her demise we have a whole different set of problems.

Donate it to NPR, I understand they will tow 'vehicles' away "running or not". 

[LaineyAZ]

Cheapskate Wife,
Maybe I'm missing something, but if the house/mobile home is not worth anything, then what's the harm in letting BIL live there?  Or am I confusing things and the "house" is different than the "mobile home"?
In the long run if BIL has a roof over his head, even if it's a 30 yr old mobile home, then at least he won't come knocking on your door to live with you. 

[CheapskateWife]

Cheapskate Wife,
Maybe I'm missing something, but if the house/mobile home is not worth anything, then what's the harm in letting BIL live there?  Or am I confusing things and the "house" is different than the "mobile home"?
In the long run if BIL has a roof over his head, even if it's a 30 yr old mobile home, then at least he won't come knocking on your door to live with you. 

The house is worth about $20K...if we sold it would cover most of her debts, and that feels like the right thing to do.

The problem is we can't transfer the ownership of the house to BIL because he won't accept it.  He's convinced it will be seized by the state of CA because he owes back child support.  Really more likely is that it would be a lien so they get their money first when HE sells it.  The problem is that the DMV in Colorado will only transfer ownership of the "home" to a willing participant.  He is not willing.  He is however, willing to put us at risk to live there. 

I think DH is just going to have to make it clear to his Bro that we aren't willing to participate in his plan, and put him on notice that we'll sell the house as soon as it is ours in total.  It might make some bad blood, but we really have to protect ourselves.

We can't abandon it, because DH's name is on the freaking title now. GRRRRRR.....

[marion10]

The reason not to let the BIL live in it is you would still be liable- so when one of his friends falls down the steps drunk and gets injured and looks around to sue- guess who it going to be.

[LadyMuMu]

CheapskateWife, this isn't what you asked about but heads up that if your husband is placed on the ownership papers rather than given the house via a will after MIL's death, he may have a tax liability not covered by MIL's "estate" when he sells it at YOUR tax rate or, if it is so old as to be unusable, mobile home removal and disposal fees. You may have already investigated this, but I thought you might want a heads up.

[CheapskateWife]

CheapskateWife, this isn't what you asked about but heads up that if your husband is placed on the ownership papers rather than given the house via a will after MIL's death, he may have a tax liability not covered by MIL's "estate" when he sells it at YOUR tax rate or, if it is so old as to be unusable, mobile home removal and disposal fees. You may have already investigated this, but I thought you might want a heads up.

 

This is excellent, and why we will be transferring ownership back to the estate when she dies.  He's the executor, so he can be on both sides of that transfer, and it keeps us from being taxed on the sale, and also makes sure that her asset covers her debt.

[Goldielocks]

Trouble is a'brewing....

MIL owns a mobile home in Boulder CO...in a lovely park.  Mobile home is 30 years old and holds little value.  BIL lives in southern CA but struggles mightily due to felony history/bad choices/evil ex wife/child support obligation he chose not to pay/back taxes...anyway.

Two years ago, MIL asked us to be joint owners on her home in lieu of BIL so the IRS/State of CA won't seize it when she dies to pay his debts.  Fine, we agree.  Now come to find out she is running up loads of debt, never intending to pay it off.  Living outside her means and whatnot.  When she passes (she's turning 95 this summer) we inherit the "house" and are executors of her estate.  She was hoping that by transferring the house to us, we could sell it and give the cash left over to BIL secret-like so the people he owes wont find it.  We now realize her scheme and intend to transfer the house back into the estate upon her demise so as to pay off her debts.  Whatever is left goes to BIL.

Now come to find out that BIL expects us to continue to own the house after she passes, and then he plans to move into it, paying the spot rent to the Mobile home park and maintaining the house.  Problem is the park doesn't allow subleases, so we'll be on the lease, and if he stops paying rent, we are on the hook for evicting BIL from the house before we can sell it.  It was going to be a PITA to deal with originally but if MIL allows BIL to move in prior to her demise we have a whole different set of problems.

I would just offer to give your share of the "home" to BIL today.    That would solve this mightily, and should please him.. (ETA I see you have already broached it.  Keep trying, explain that they don't seize a primary residence).

 Of course, people are not rational, so MIL/BIL finding out that you otherwise intend to put the home back to the estate may be a nasty surprise.

[PathtoFIRE]

CSW, can your DH just file a quit claim regarding your MIL's property, removing you all from this issue without needing any agreement from MIL or BIL?

[Nicholas Carter]

Cheapskate Wife,
Maybe I'm missing something, but if the house/mobile home is not worth anything, then what's the harm in letting BIL live there?  Or am I confusing things and the "house" is different than the "mobile home"?
In the long run if BIL has a roof over his head, even if it's a 30 yr old mobile home, then at least he won't come knocking on your door to live with you.

The secret sauce is that MIL owns the house, but rents the property the house sits on. So if BIL moves into the house, CW will be on the hook for the lease of the lot, and BIL sounds unlikely to pay rent in full, not piss off the landlord, etc.

[CheapskateWife]

I would just offer to give your share of the "home" to BIL today.    That would solve this mightily, and should please him.. (ETA I see you have already broached it.  Keep trying, explain that they don't seize a primary residence).

 Of course, people are not rational, so MIL/BIL finding out that you otherwise intend to put the home back to the estate may be a nasty surprise.

We are keeping this little gem to ourselves...I understand MIL's intent is to help BIL out as much as possible, but on the backs of creditors is not the way to do that.  I've attempted to reason with her but she won't have it.  Or maybe we do tell her and she finds an executor who will do her bidding...oh this is a tempting option

CSW, can your DH just file a quit claim regarding your MIL's property, removing you all from this issue without needing any agreement from MIL or BIL?

I had never considered this...will start investigating.

The secret sauce is that MIL owns the house, but rents the property the house sits on. So if BIL moves into the house, CW will be on the hook for the lease of the lot, and BIL sounds unlikely to pay rent in full, not piss off the landlord, etc.

This is exactly the case...also if we don't sell it and pay off creditors, then there is a whole lot of hassle we've got to deal with as executors.

[Goldielocks]

Re-reading everything, including your wish not to tell MIL that you plan to sell to pay taxes....

Could you give her a reason why receiving it as a joint owner upon her death causes you extra $$'s and you just want your name off the title / revert back to her?

Maybe talk about the future taxes, and that it is best if she has it solely in her name.?

[CheapskateWife]

Re-reading everything, including your wish not to tell MIL that you plan to sell to pay taxes....

Could you give her a reason why receiving it as a joint owner upon her death causes you extra $$'s and you just want your name off the title / revert back to her?

Maybe talk about the future taxes, and that it is best if she has it solely in her name.?

Actually we are really putting it back in the estate to pay her debts...there-in lies the rub.  She feels that the banks are evil and they deserve to lose money to her debt; she intends to stiff her creditors and has crafted her asset ownership and will to effect that end; also to maximize the amount of money we are able to pass to the BIL (secret like because in the will, DH is the sole beneficiary) 

There is just no reasoning with her on things like this.

[marty998]

Re-reading everything, including your wish not to tell MIL that you plan to sell to pay taxes....

Could you give her a reason why receiving it as a joint owner upon her death causes you extra $$'s and you just want your name off the title / revert back to her?

Maybe talk about the future taxes, and that it is best if she has it solely in her name.?

Actually we are really putting it back in the estate to pay her debts...there-in lies the rub.  She feels that the banks are evil and they deserve to lose money to her debt; she intends to stiff her creditors and has crafted her asset ownership and will to effect that end; also to maximize the amount of money we are able to pass to the BIL (secret like because in the will, DH is the sole beneficiary) 

There is just no reasoning with her on things like this.

95 year olds tend to have 95 years of accumulated thinking that isn't going to be swayed easily.

[BNgarden]

I must be missing something.  [edited]...you don't want to tell MIL your plans, but you've told BIL.  Will BIL not talk to MIL about this?  And, is not telling MIL just to maintain the option to pay off creditors or is it somehow a 'kindness' or other reason?

Why not just come clean on your intentions [edited]?

IDK but it seems there are relatively easier ways to get out of the middle.

ETA: Sorry for possible foam...edited for brevity

[CheapskateWife]

I must be missing something.  [edited]...you don't want to tell MIL your plans, but you've told BIL.  Will BIL not talk to MIL about this?  And, is not telling MIL just to maintain the option to pay off creditors or is it somehow a 'kindness' or other reason?

Why not just come clean on your intentions [edited]?

IDK but it seems there are relatively easier ways to get out of the middle.

ETA: Sorry for possible foam...edited for brevity

No worries....its a super complicated situation.  We have not told either BIL or MIL yet what we intend to do...but after discussing much this weekend, we intend to bow out of executorship and ask her to find someone else to inherit the house.  We want out, free and clear.

[MoseyingAlong]

There is just no reasoning with her on things like this.
[/quote]

95 year olds tend to have 95 years of accumulated thinking that isn't going to be swayed easily.
[/quote]

Marty, what a great way to think about it and express it.
This may help me be a little more patient with some people I know.

[SwordGuy]

I must be missing something.  [edited]...you don't want to tell MIL your plans, but you've told BIL.  Will BIL not talk to MIL about this?  And, is not telling MIL just to maintain the option to pay off creditors or is it somehow a 'kindness' or other reason?

Why not just come clean on your intentions [edited]?

IDK but it seems there are relatively easier ways to get out of the middle.

ETA: Sorry for possible foam...edited for brevity

No worries....its a super complicated situation.  We have not told either BIL or MIL yet what we intend to do...but after discussing much this weekend, we intend to bow out of executorship and ask her to find someone else to inherit the house.  We want out, free and clear.

It's important to recognize two things here.  Doesn't matter what's in the will, no one can make you be an executor of an estate and no one can make you accept their bequeathed property.   Say no now, but recognize that if she doesn't listen, you can say no later, too.

[AMandM]

It's important to recognize two things here.  Doesn't matter what's in the will, no one can make you be an executor of an estate and no one can make you accept their bequeathed property.   Say no now, but recognize that if she doesn't listen, you can say no later, too.

This.

My father named my husband as executor. Then we found out that since we live in a different country from Dad, having my husband as executor makes the estate count as a foreign estate and be subject to higher tax. So we asked my sister (who lives near my father, speaks the language better than DH does, is familiar with the legal system there, etc.) if she would mind being the executor. She agreed, and Dad agreed to change his will, but he's a procrastinator and 83 years old, so DH may well end up having to refuse.

[calimom]

It would be tempting to sell the proceeds from the mobile home after the eventual death of MIL and pass the proceeds along to BIL's ex-wife to make up for some of the back child support her kids' deadbeat dad has owed all these years. Of course I'm painting with a broad brush of assumption (what is the ex-wife like? are the kids still minors?) And of course it would not end well with the BIL but sounds like no scenario will be satisfactory with him.

[CheapskateWife]

It would be tempting to sell the proceeds from the mobile home after the eventual death of MIL and pass the proceeds along to BIL's ex-wife to make up for some of the back child support her kids' deadbeat dad has owed all these years. Of course I'm painting with a broad brush of assumption (what is the ex-wife like? are the kids still minors?) And of course it would not end well with the BIL but sounds like no scenario will be satisfactory with him.

That is an interesting idea...the state of CA pays support to the intended recipients whether they receive it or not, and then charge appropriately exorbitant fees to the non-payer for being a burden to the Tax Payers...maybe we'll send the proceed to the state child support office in his name.

[fredbear]

...the state of CA pays support to the intended recipients whether they receive it or not, and then charge appropriately exorbitant fees to the non-payer for being a burden to the Tax Payers...maybe we'll send the proceed to the state child support office in his name.

I got to watch this play out with my half-brother, who declined or was self-proclaimed unable to pay his child support.  His father paid it for him, until his father died.  Then, nothing.  His ex complained to CA.  I don't know as they actually paid his share to her, probably did, but do know that they terminated his licenses, to drive and to practice his "profession."  Their computer's memory is flawless (as is his ex's).  Now it is years later and he remains unable to drive or do his "work."  A good example of a threat that turns counterproductive when once it is converted from threat to action; without those licenses AChe is functionally unemployable, so there is no way he will ever be able to pay CA back.  The "child" is probably 35 or so.  On the other hand, to do him strict justice, losing those licenses was not the blow to him that it might be to most people, as he never was very employable, and even when he was, felt degraded by mere labor, as his true calling was to be a spiritual leader to the rest of us.   

So if you send it in in his name and they actually credit his account, and if it is enough to clear amount, penalty, and interest, you might get BIL mobile and employable.  It .. could happen, and it would be a familial thing to do.  On the other hand, for reasons I have mentioned elsewhere in the comments, I would never do any business with California nor advise anyone else to do so.  It is a grave error to let them know you exist, but worse if they start to believe you might have money you consider your own; they will know it belongs to the Franchise Tax Board and needs to be extracted from you. 

[saguaro]

It's important to recognize two things here.  Doesn't matter what's in the will, no one can make you be an executor of an estate and no one can make you accept their bequeathed property.   Say no now, but recognize that if she doesn't listen, you can say no later, too.

I was ready to say "no" to my parents' timeshare which my parents bequeathed to me and my sisters.  They set that up when they bought the timeshare 25 years ago but by the time my folks passed that thing was a financial albatross.  Luckily we were able to get the timeshare company to buy it back but it was touch and go with them for a while as they (the timeshare company) really didn't like doing it. 

[saguaro]

It's important to recognize two things here.  Doesn't matter what's in the will, no one can make you be an executor of an estate and no one can make you accept their bequeathed property.   Say no now, but recognize that if she doesn't listen, you can say no later, too.

I was ready to say "no" to my parents' timeshare which my parents bequeathed to me and my sisters.  They set that up when they bought the timeshare 25 years ago but by the time my folks passed that thing was a financial albatross.  Luckily we were able to get the timeshare company to buy it back but it was touch and go with them for a while as they (the timeshare company) really didn't like doing it.

ETA: A few years after my folks bought their timeshare, my sister and BIL bought one as well.  Not a good deal, they somehow managed to get rid of it after a few years, but before those things became largely unsellable.

I really don't understand timeshares. You can often get equal cost hotels by doing a little research for each trip, and it doesn't require locking into a certain brand. In fact, we try to stay at timeshares for cash. At worst, they've tried to pitch us or get us to attend a sales meeting, but 2 or 3 rejections and they stop.

When my in-laws die, we will absolutely reject the timeshare that they own. Thank goodness my folks never got roped into that kinda nonsense.

My folks decided on the timeshare instead of buying a vacation cabin in the same area.  They reasoned that the timeshare would be cheaper, they didn't have to deal with maintenance/taxes/utilities plus the risk of vandalism/squatters while the cabin was unoccupied, especially during the hunting season. Plus they had some friends who were in the same timeshare program who pitched it.   I understood the reasons they had, but still was skeptical about them taking on that kind of arrangement.  But it was their money.

I later found out that their lawyer, who did their estate planning and taxes, advised against it, saying it was a bad deal, but they went ahead anyway.  And they named me and my sisters as beneficiaries assuming we would want the place as something to vacation to.   I signed a quitclaim taking me off as beneficiary just before my Dad passed (my Mom was already gone) but it was just a couple of weeks before Dad died, so wasn't sure it got recorded in time.  So was relieved when the timeshare company agreed to a buy back.   I was prepared to do whatever it was necessary not to take on that thing. 

ETA: A few years after my folks got their timeshare, my sister and BIL bought one was well.  Total waste of money, they got out of it after only a couple of years but before those things became as unsellable as they seem to be now.

[CheapskateWife]

It's important to recognize two things here.  Doesn't matter what's in the will, no one can make you be an executor of an estate and no one can make you accept their bequeathed property.   Say no now, but recognize that if she doesn't listen, you can say no later, too.

This.

My father named my husband as executor. Then we found out that since we live in a different country from Dad, having my husband as executor makes the estate count as a foreign estate and be subject to higher tax. So we asked my sister (who lives near my father, speaks the language better than DH does, is familiar with the legal system there, etc.) if she would mind being the executor. She agreed, and Dad agreed to change his will, but he's a procrastinator and 83 years old, so DH may well end up having to refuse.

Wait, so are you saying that we could just not do anything?  Shred the will and pretend it doesn't exist? She passes and we have the memorial, file a quit claim deed on the trailer and gift it to the mobile home park and then not do anything about her bills, creditors, or anything?  Let them keep sending bills to her address, but no one answers them?  No filing of final taxes.  Nothing? I'm kindof liking this idea :-)

[marion10]

I would consult an attorney- I would not destroy a will- but you do not have to accept being the executor. You can decline and I assume the state will appoint someone. As others have pointed out , you do not have to accept a bequest. People die intestate all the time.

[SwordGuy]

It's important to recognize two things here.  Doesn't matter what's in the will, no one can make you be an executor of an estate and no one can make you accept their bequeathed property.   Say no now, but recognize that if she doesn't listen, you can say no later, too.

This.

My father named my husband as executor. Then we found out that since we live in a different country from Dad, having my husband as executor makes the estate count as a foreign estate and be subject to higher tax. So we asked my sister (who lives near my father, speaks the language better than DH does, is familiar with the legal system there, etc.) if she would mind being the executor. She agreed, and Dad agreed to change his will, but he's a procrastinator and 83 years old, so DH may well end up having to refuse.

Wait, so are you saying that we could just not do anything?  Shred the will and pretend it doesn't exist? She passes and we have the memorial, file a quit claim deed on the trailer and gift it to the mobile home park and then not do anything about her bills, creditors, or anything?  Let them keep sending bills to her address, but no one answers them?  No filing of final taxes.  Nothing? I'm kindof liking this idea :-)

No, if the person specified in the will won't do it, and doesn't assign someone else to do it, the government will assign someone to be executor. 

You only have to be executor if you want to be.  It will all get sorted out one way or another.  Your choice is whether that includes you as executor or not.

Same as if they give you the trailer in the will.  You just refuse to accept it.   Then the executor has to deal with it because it's not your problem.

[NoraLenderbee]

I would consult an attorney- I would not destroy a will- but you do not have to accept being the executor. You can decline and I assume the state will appoint someone. As others have pointed out , you do not have to accept a bequest. People die intestate all the time.

Yep, you can refuse to be the executor. However, you'll probably have to go through a court procedure to have them appoint a replacement executor. It would be worth discussing with a lawyer before she dies. You might also want to see if DH can file a quit claim before she dies. It would be better to get his name off the title before he "inherits" it.

Good luck. This stuff can be complicated and leave permanent bad feelings--over what's basically trash.

[bugbaby]

I actually just got some glorious news. I'm off the hook and no longer executor for an out-of-country estate.

My parents, who are not at all Mustachian anymore because they started making serious money later in life, wanted me to be the executor for their estate and to-- get this-- manage my estranged fuckup sibling's trust and dole out such money as he needs to continue enabling his cranially-rectally-inverted ways while still saddling me with the responsiblity of making sure the moron doesn't drink himself to death or throw a booze-filled tantrum and drive into someone who matters. After decades of enabling the little dipshit they wanted to drag me onto the codependent merry-go-round in their place. This is despite the fact I took off nearly twenty years ago and left the freaking country to avoid the stupid family drama.

Luckily, they found an estate lawyer who bitchslapped some sense into them. They aren't going to make my idiot sibling executor (said sibling went bankrupt without having actual bad life experiences, just bad financial decision making). We will be paying someone else to just liquidate everything in sight.

I am So. Fucking. Relieved.

Just scrolling the thread.  Grimsqueaker, I have the same messed up family dynamic and I left that country 20yrs ago, returned 3yrs ago and left again never ever to step back in that viper nest.  Yeah, tonly gets worse ...

Sent from my KIW-L24 using Tapatalk

[NorCal]

Well, this isn't exactly inheritance, but this seemed like the thread to put it in.

My father-in-law's live in girlfriend of 20+ years "Ann" has late stage cancer.  She's not doing well.  The doctor gives her several weeks.

My FIL is self employed and has zero saved for retirement at 70.  He plans to work until the day he dies.  He's always worked hard enough to pay the bills, and has always taken plenty of time off during his working years.

When "Ann" got sick, they lost half of their income and had to go to Cobra.  They were negative cash-flow and couldn't pay the mortgage.  We gave them some money to get them through with no expectations of repayment, and are happy to be in a position to support them.

It's clear FIL will have to sell the house very soon after she passes.  I don't think his self-employment income will support his spending, and I don't think there's a reasonable path to getting there.

The frustrating part is they NEVER GOT MARRIED.  After living together for nearly two decades, he just didn't want to do it.  Now he doesn't qualify for Social Security survivors benefits.  While I'm sure it wouldn't be huge, it could have been the difference between cash-flow positive and cash-flow negative for the rest of his life.  I totally get that marriage is a very personal thing, but so is living on the edge forever.

[okits]

@NorCal - you could put it here[/quote].

Is it too late for FIL and Ann to marry now, for the SS survivor benefits?

[Threshkin]

Well, this isn't exactly inheritance, but this seemed like the thread to put it in.

...snip...

The frustrating part is they NEVER GOT MARRIED.  After living together for nearly two decades, he just didn't want to do it.  Now he doesn't qualify for Social Security survivors benefits.  While I'm sure it wouldn't be huge, it could have been the difference between cash-flow positive and cash-flow negative for the rest of his life.  I totally get that marriage is a very personal thing, but so is living on the edge forever.

Here in Colorado they would likely already be considered married since they were living together and presumably sharing finances.  Common Law state FTW (or loss depending on your perspective)

[Dicey]

Well, this isn't exactly inheritance, but this seemed like the thread to put it in.

My father-in-law's live in girlfriend of 20+ years "Ann" has late stage cancer.  She's not doing well.  The doctor gives her several weeks.

My FIL is self employed and has zero saved for retirement at 70.  He plans to work until the day he dies.  He's always worked hard enough to pay the bills, and has always taken plenty of time off during his working years.

When "Ann" got sick, they lost half of their income and had to go to Cobra.  They were negative cash-flow and couldn't pay the mortgage.  We gave them some money to get them through with no expectations of repayment, and are happy to be in a position to support them.

It's clear FIL will have to sell the house very soon after she passes.  I don't think his self-employment income will support his spending, and I don't think there's a reasonable path to getting there.

The frustrating part is they NEVER GOT MARRIED.  After living together for nearly two decades, he just didn't want to do it.  Now he doesn't qualify for Social Security survivors benefits.  While I'm sure it wouldn't be huge, it could have been the difference between cash-flow positive and cash-flow negative for the rest of his life.  I totally get that marriage is a very personal thing, but so is living on the edge forever.

Try to convince them to get married asap! Because they've been together so long, SSA will consider them wed by virtue of common law. If they own property together, that may make it even easier. It may sound morbid to push this, but it could save his bacon big time. We know/knew a couple who did this. Pictures of them together over the years made their case.