| 51 | trade4us2 wrote:
One beneficiary has recently died. so there's a new lawyer involved. It remains to be seen whether he will hand over the excess money to the executor of the original estate. "She would have to have loaned them money secured against their future inheritance." She just gave them money when they asked for it. She didn't bother writing anything down. I have been investigating this for 23 years. There are at least five lawyers and eight client managers involved. They have not been able to contact the beneficiary for many years as he has been hiding from them.
I told you it was complicated. What "experienced estate lawyer"? Are there any? 23 years. It is about time it got resolved. Go to court. johnston - 2021-06-04 11:54:00 |
| 52 | zak21 wrote:
Why can't the mother gift money to a child when she is alive and capable?OK 25 years ago there may have been gift duty but that aside,can a parent favour a child while they are alive and mentally stable and not under duress? What 90 year old with half a million dollars is capable? trade4us2 - 2021-06-04 12:08:00 |
| 53 | trade4us2 wrote:
What 90 year old with half a million dollars is capable? That is a question for a court not a message board. To think a 90 year old is automatically incapable is a nonsense. johnston - 2021-06-04 13:27:00 |
| 54 | trade4us2 wrote:
What 90 year old with half a million dollars is capable? Ask the Queen. lyl_guy - 2021-06-04 16:08:00 |
| 55 | This message was deleted. |
| 56 | trade4us2 wrote:
One beneficiary has recently died. so there's a new lawyer involved. It remains to be seen whether he will hand over the excess money to the executor of the original estate. "She would have to have loaned them money secured against their future inheritance." She just gave them money when they asked for it. She didn't bother writing anything down. I have been investigating this for 23 years. There are at least five lawyers and eight client managers involved. They have not been able to contact the beneficiary for many years as he has been hiding from them.
I told you it was complicated. What "experienced estate lawyer"? Are there any?
Then the money given was a gift and no longer forms part of the estate and isn’t repayable. And the answer to your question about experienced estate lawyers is yes. Edited by sarahb5 at 4:32 pm, Fri 4 Jun sarahb5 - 2021-06-04 16:30:00 |
| 57 | kittycatkin wrote:
You don't. You go into the bank and pay off what's owing, as anyone who's done it can tell you.
Someone has to register the mortgage discharge. sarahb5 - 2021-06-04 16:33:00 |
| 58 | kittycatkin wrote:
You don't. You go into the bank and pay off what's owing, as anyone who's done it can tell you. That pays off the loan but does not discharge the mortgage as anyone with a legal background will tell you. Edited by johnston at 4:46 pm, Fri 4 Jun johnston - 2021-06-04 16:45:00 |
| 59 | lyl_guy wrote:
Ask the Queen. . johnston - 2021-06-04 16:46:00 |
| 60 | johnston wrote:
That is a question for a court not a message board. To think a 90 year old is automatically incapable is a nonsense. And insulting and age-ist & probably sexist as well. Edited by shanreagh at 4:53 pm, Fri 4 Jun shanreagh - 2021-06-04 16:51:00 |
| 61 | trade4us2 wrote:
One beneficiary has recently died. so there's a new lawyer involved. It remains to be seen whether he will hand over the excess money to the executor of the original estate. "She would have to have loaned them money secured against their future inheritance." She just gave them money when they asked for it. She didn't bother writing anything down. I have been investigating this for 23 years. There are at least five lawyers and eight client managers involved. They have not been able to contact the beneficiary for many years as he has been hiding from them.
I told you it was complicated. What "experienced estate lawyer"? Are there any? Not sure why this has delayed things. if the money given to child prior to the death of the parent does not form part of a deceased's estate then surely the executors bring in all the assets, divide them by 5 or however beneficiaries there are. Executors can hold the share of the beneficiary they cannot get in touch with. The children of siblings who have died can be given the parents share. If you are holding off on distributing the estate until someone has browbeaten the child who was given money on the lifetime of the mother and tried to get money returned on moral grounds then more fool you. Of course if you have paperwork showing that the money given to the child was to be set against any future beneficial interest then that is a different story. Still doesn't explain why all the delays. The longer you delay the more likely it is that assets of the estate will be eaten up by the executors fees. shanreagh - 2021-06-04 17:05:00 |
| 62 | kittycatkin wrote:
You don't. You go into the bank and pay off what's owing, as anyone who's done it can tell you. that's called "paying off the mortgage". Discharging it is the next step and requires a lawyer. sparkychap - 2021-06-04 17:25:00 |
| 63 | shanreagh wrote:
The longer you delay the more likely it is that assets of the estate will be eaten up by the executors fees. We are just waiting for the executor to obtain the money from the person who took more than his share of the estate. He has been hiding his address for about 20 years. He is now dead. trade4us2 - 2021-06-04 18:24:00 |
| 64 | trade4us2 wrote:
We are just waiting for the executor to obtain the money from the person who took more than his share of the estate. He has been hiding his address for about 20 years. He is now dead. How did he take it from the Estate? Was the executor negligent?
Has the Executor got legal training? Is the Executor aware of the possibility that this $$$$$ or whatever may have happened prior to the death of the deceased? Most odd. Why doesn't executor pay out the rest of you, including the children who inherit the share of their parent? Leave a share within the estate and then argue about that? Presumably you have some legal docs that say the person is to either repay or have the amount deducted from their share of any estate. Why doesn't the Executor deduct the amount given to the child prior to death from the share and give the balance to the person (now dead) and/or children? If they want the balance then they go to court to get it. Edited by shanreagh at 6:56 pm, Fri 4 Jun shanreagh - 2021-06-04 18:50:00 |
| 65 | trade4us2 wrote:
We are just waiting for the executor to obtain the money from the person who took more than his share of the estate. He has been hiding his address for about 20 years. He is now dead.
I don’t understand how someone can take money from an estate before the person dies - technically there is no estate until the person dies. It was either a gift or it was a loan to be set against future inheritance. sarahb5 - 2021-06-04 18:54:00 |
| 66 | sarahb5 wrote:
I don’t understand how someone can take money from an estate before the person dies - technically there is no estate until the person dies. It was either a gift or it was a loan to be set against future inheritance. Yes my thoughts exactly. I think though that the rest of the beneficiaries may be on some sort of campaign to persuade the person to accept a lesser amount or return the money given prior to death on moral grounds. Litigation to force a moral or ethical view, as opposed to a legal ground on someone else is not something in which a betting person would have any confidence. Sure fine if the money was to be returned to the estate once the death had occurred and this was in the will or in writing somewhere then go for it. shanreagh - 2021-06-04 19:02:00 |
| 67 | sarahb5 wrote:
I don’t understand how someone can take money from an estate before the person dies - technically there is no estate until the person dies. It was either a gift or it was a loan to be set against future inheritance. That beneficiary was administering the mother's tax affairs and investing her money. I wish everybody would stop speculating and just answer my occasional questions. trade4us2 - 2021-06-04 19:14:00 |
| 68 | trade4us2 wrote:
That beneficiary was administering the mother's tax affairs and investing her money. I wish everybody would stop speculating and just answer my occasional questions. So he stole the money. sparkychap - 2021-06-04 19:30:00 |
| 69 | sparkychap wrote:
So he stole the money. Or maybe made some bad investments... OP...If Granny decided she would like to give some of her money to someone then that was her choice. She might have decided the Jehovah Witnesses needed a new Kingdom Hall and given everyone’s “inheritance” to them if she wanted to....
I wonder if its worth 22 years of angst and family feuding. |
| 70 | trade4us2 wrote:
That beneficiary was administering the mother's tax affairs and investing her money. I wish everybody would stop speculating and just answer my occasional questions.
We would happily answer your questions but you’re telling us enough to b3 able to do so. So the beneficiary invested your mother’s money, presumably on her instructions and the investment lost money, but none of the other siblings did anything about it while she was still alive? sarahb5 - 2021-06-04 20:04:00 |
| 71 | If the beneficiary lost the money then they didn’t take it out for themselves. They lost the mothers money. They aren’t liable for that as they were acting on behalf of the mother. sparkychap - 2021-06-04 20:16:00 |
| 72 | trade4us2 wrote:
I wish everybody would stop speculating and just answer my occasional questions. Setting out the background first would assist. Okay, my question. What is your lawyer saying? johnston - 2021-06-05 06:52:00 |
| 73 | johnston wrote:
Setting out the background first would assist. Okay, my question. What is your lawyer saying? My lawyer is saying "OMG your executor is ***********"? Get rid of them! trade4us2 - 2021-06-05 13:22:00 |
| 74 | sparkychap wrote:
So he stole the money. Yes, because two other beneficiaries have been taking money for years and he wanted to stop them taking any more.
Their mother would reuse teabags several times and yet give someone $1000 if they asked for it. trade4us2 - 2021-06-05 13:27:00 |
| 75 | trade4us2 wrote:
Yes, because two other beneficiaries have been taking money for years and he wanted to stop them taking any more.
Their mother would reuse teabags several times and yet give someone $1000 if they asked for it. Arguably more a gift than theft. Why don't you finally resolve the matter? johnston - 2021-06-05 13:32:00 |
| 76 | trade4us2 wrote:
My lawyer is saying "OMG your executor is ***********"? Get rid of them!
Your executor or the executor of your mother’s estate? You can replace an executor but in the circumstances a court application may be needed and that could cost more than the value of the estate or the decision could go against you. sarahb5 - 2021-06-05 14:05:00 |
| 77 | sarahb5 wrote:
Your executor or the executor of your mother’s estate? You can replace an executor but in the circumstances a court application may be needed and that could cost more than the value of the estate or the decision could go against you. It's obviously the executor of my mother's estate. I am waiting for them to settle the estate. There is nothing I can do except to write letters and go to meetings. trade4us2 - 2021-06-10 16:20:00 |
| 78 | trade4us2 wrote:
It's obviously the executor of my mother's estate. I am waiting for them to settle the estate. There is nothing I can do except to write letters and go to meetings. If it was me, I would be doing a darn side more than writing letters, going to meetings and bitching on a message board. Edited by johnston at 6:36 pm, Thu 10 Jun johnston - 2021-06-10 18:35:00 |
| 79 | johnston wrote:
That is a question for a court not a message board. To think a 90 year old is automatically incapable is a nonsense. Excuse ME. My father is 91 years old, has that amount of money and is fully capable of handling it. I know of some 40 years olds who wouldn't have half the clues that he's got when it comes to managing money. kitty179 - 2021-06-10 18:40:00 |
| 80 | kitty179 wrote:
Excuse ME. My father is 91 years old, has that amount of money and is fully capable of handling it. I know of some 40 years olds who wouldn't have half the clues that he's got when it comes to managing money. Does your father reuse teabags several times to save money and hand out $1000 or $10,000 cheques without making a note about them? trade4us2 - 2021-06-10 19:39:00 |
| 81 | kitty179 wrote:
Excuse ME. My father is 91 years old, has that amount of money and is fully capable of handling it. I know of some 40 years olds who wouldn't have half the clues that he's got when it comes to managing money. Clearly comprehension isn't your strong suit. johnston - 2021-06-10 19:51:00 |
| 82 | lythande1 wrote:
What is it called when a mortgage is cleared? A relief.
Foreclosure, in some cases. |
| 83 | johnston wrote:
Clearly comprehension isn't your strong suit. why don’t you stop the insults and give some helpful advice to the OP, if not, then maybe keep your comments to yourself? lakeview3 - 2021-06-10 20:24:00 |
| 84 | johnston wrote:
If it was me, I would be doing a darn side more than writing letters, going to meetings and bitching on a message board. oh? What would YOU do? lakeview3 - 2021-06-10 20:25:00 |
| 85 | trade4us2 wrote:
It's obviously the executor of my mother's estate. I am waiting for them to settle the estate. There is nothing I can do except to write letters and go to meetings.
Actually you can do more but it will cost you to make an application to replace the executor sarahb5 - 2021-06-10 20:40:00 |
| 86 | sarahb5 wrote:
Actually you can do more but it will cost you to make an application to replace the executor I don't want to replace the executor. I want them to do their job. It is not entirely their fault, when beneficiaries are money laundering and going to live in Sweden where they cannot be contacted. trade4us2 - 2021-06-10 22:34:00 |
| 87 | trade4us2 wrote:
I don't want to replace the executor. I want them to do their job. It is not entirely their fault, when beneficiaries are money laundering and going to live in Sweden where they cannot be contacted.
Drip drip drip - beneficiaries being out of contact don’t hold up distribution but the issue of “gift” or “theft” needs to be determined sarahb5 - 2021-06-10 22:44:00 |
| 88 | lakeview3 wrote:
why don’t you stop the insults and give some helpful advice to the OP, if not, then maybe keep your comments to yourself? Clearly comprehension isn't your strong suit either. johnston - 2021-06-10 23:13:00 |
| 89 | The member deleted this message. committed - 2021-06-11 06:35:00 |
| 90 | trade4us2 wrote:
I don't want to replace the executor. I want them to do their job. It is not entirely their fault, when beneficiaries are money laundering and going to live in Sweden where they cannot be contacted. So again, you're accusing others of crimes - have you taken the matter to the police? They have ways of finding people, even in Sweden. sparkychap - 2021-06-11 07:45:00 |
| 91 | johnston wrote:
Clearly comprehension isn't your strong suit either. the insults continue…..how childish lakeview3 - 2021-06-11 08:27:00 |
| 92 | trade4us2 wrote:
I don't want to replace the executor. I want them to do their job. It is not entirely their fault, when beneficiaries are money laundering and going to live in Sweden where they cannot be contacted. find yourself an honest lawyer - not that easy I know -one that doesn’t want to milk the situation for a few more years- if the children of one of the beneficiaries has received money from this estate already, then they aren’t entitled to more at the expense of others. It’s about time your lawyer shut this whole business down and wrapped the whole thing up, and whomever is in the way of this could be liable for YOUR costs if they don’t play ball. Furthermore, they need to be told that you will also be having an actuarial done including interest for all the years that you have not received your share of the estate, so it could end up costing them more than they have received. Edited by lakeview3 at 8:45 am, Fri 11 Jun lakeview3 - 2021-06-11 08:32:00 |
| 93 | Yeah and they can’t hide in Sweden, it’s a law abiding first world country… lakeview3 - 2021-06-11 08:34:00 |
| 94 | kitty179 wrote:
Excuse ME. My father is 91 years old, has that amount of money and is fully capable of handling it. I know of some 40 years olds who wouldn't have half the clues that he's got when it comes to managing money.
Johnson's post was in support of your father. apollo11 - 2021-06-11 08:38:00 |
| 95 | lakeview3 wrote:
the insults continue…..how childish . lakeview3 wrote:
find yourself an honest lawyer - not that easy I know .*sigh* sparkychap - 2021-06-11 08:49:00 |
| 96 | lakeview3 wrote:
Yeah and they can’t hide in Sweden, it’s a law abiding first world country…
It doesn’t matter to the distribution where they are or whether they’re able to be contacted - money would be held in trust until they are in contact. Given your previous post I’m not sure you really understand how Wills and Estates work but I don’t think the OP does either and I think his mother’s Will may have some type of life interest clause and/or forgiveness of debt but he seems to be avoiding telling us what the terms of the actual Will are and focusing on the alleged “theft” which seems more likely to be a gift. sarahb5 - 2021-06-11 09:03:00 |
| 97 | sarahb5 wrote:
It doesn’t matter to the distribution where they are or whether they’re able to be contacted - money would be held in trust until they are in contact. Given your previous post I’m not sure you really understand how Wills and Estates work but I don’t think the OP does either and I think his mother’s Will may have some type of life interest clause and/or forgiveness of debt but he seems to be avoiding telling us what the terms of the actual Will are and focusing on the alleged “theft” which seems more likely to be a gift. BINGO on the ‘held in trust’ THERE is the problem….. Let’s just say from personal experience from a close family member…..it’s AMAZING how quickly the beneficiaries of an estate got paid after this close family member (NOT a beneficiary of this will but a relative of a beneficiary) rang the lawyer and said they would come and visit the lawyer personally to find out what the hold up was on this very straight forward will that was taking a VERY long time to sort, with just 2 beneficiaries. If my memory serves me well it was in their bank account within 3 days of that phone call….. AMAZING innit? Plus a family member of mine used to be a bank manager (a now retired) and said it’s AMAZING how some lawyers hold money in their trust accounts for certain periods of time….. lakeview3 - 2021-06-11 10:23:00 |
| 98 | apollo11 wrote:
Johnson's post was in support of your father. Thanks apollo. johnston - 2021-06-11 11:38:00 |
| 99 | lakeview3 wrote:
BINGO on the ‘held in trust’ THERE is the problem….. Let’s just say from personal experience from a close family member…..it’s AMAZING how quickly the beneficiaries of an estate got paid after this close family member (NOT a beneficiary of this will but a relative of a beneficiary) rang the lawyer and said they would come and visit the lawyer personally to find out what the hold up was on this very straight forward will that was taking a VERY long time to sort, with just 2 beneficiaries. If my memory serves me well it was in their bank account within 3 days of that phone call….. AMAZING innit? Plus a family member of mine used to be a bank manager (a now retired) and said it’s AMAZING how some lawyers hold money in their trust accounts for certain periods of time…..
Solicitors trust account and held in trust are not the same thing at all sarahb5 - 2021-06-11 11:39:00 |
| 100 | lakeview3 wrote:
Plus a family member of mine used to be a bank manager (a now retired) and said it’s AMAZING how some lawyers hold money in their trust accounts for certain periods of time….. And why would they do that? sparkychap - 2021-06-11 12:42:00 |
