It Just Keeps Getting Better......super long rant sorry

[nightshade]

we called our lawyer this morning and made an appointment for as soon as he can see us. He is also the local DA so hopefully he is good enough to get them to make them go away. HE said on the phone that all the paperwork for everything is in order and taken care of so they can't touch anything. But that is most likely why they are attempting to sue for what they were already told by the lawyer they have no right to. We are trying to get a restraining order and a harassment complaint cause they put in the local paper yesterday that we killed him so we could get what he owned. Even named us by name. The nurses at the hospital were so mad about it that they were sick. They said they would tell anyone we needed them to how well dad was taken care of ect.

But they are all slimy and will do what ever they think they can to get what they want that is how it has been for years. The day I got married my step brother told me in front of every one that I was no longer a Wolfe so I had no right to any of the land or anything my dad had gotten from my pappy cause if I got any of it, it would no longer be in the family name. My dad was goven the property under the understanding it was to go to me when I was old enough or my dad felt it was time cause I was the only one my pappy felt he could trust not to sell it all off.

 

[nightshade]

okay so I can't sleep this is really has me upset tonight. I just keep laying here thinking that the last thing my daddy gave me they are going to do their best to take away. We have already started so much with the building process and now I don't know if I should just put it on hold and wait and see what happens. I am so scared that I am gonna get my new barn and homestead up just to have those greedy little SOB's steal it away. It seems like it never matters who is right or justice in these matters it always comes down to who has the most money to throw at the issue. Which there is 4 other kids so they certainly have more funds then the one of me has. And my mom is working so hard just to keep it all together and pay off the medical bills left behind as well as her monthly bills she has to normally pay. It all makes me so mad.

Why do people think that they are just entitled to stuff? My dad was not gone 5 hours and they asked my mom when she would be selling the house and land so they could get their share. It just makes me want to scream. I really hope the lawyer calls tomorrow. I really don't like him his is very arrogant, but as my friend told me who is a county comissioner, he is that way because he is a good lawyer. Boy I hope he is right. These people have gotten away with so much for so long that it is like they are bullet proof or something.

When I think about it parts of it are actually laughable, they way that they are acting, the calms that they are screaming. If I wasn't so darn scared that some one, somewhere will believe that they are magicly entitled to something and give them everything. I would just roll laughing out loud. They are so neive about it all. They all sat there and said openly to family friends that they did not want to see dad sick. But then claim they were told that they were not allowed to see him. This is after they had not come to see him in years and dad had told them to leave and not come back, long before he was ever even sick. Him not anyone else. They all were so selfish that he died not knowing his grandchildren and they never got to know all the wonderful things he could have taught them. I have to admit I was selfish too I guess, I could not help my mother care for him in his final months, she had to hire help. Seeing him like that was so hard for me to handle though I still went and visited with him and talked to him. Showed him that I still cared the best I could.

The ironic thing is that my mom had to go against my dad's wishes to tell his other kids about his surgery. He had made it quit clear that they were not to know what was going on, that if he died we were to make all arrangements then call them and tell them when the funerall was. Mom felt that they should atleast know what was going on and be given a chance to make amends with their father. She gave them their way repeatedly when it came to things at the funeral, pawbears ect. Even told grandchildren that if they wanted something of their pop's as a keep sake to let her know what they wanted and she would do her best to find it. And his darn kids as so greedy and ignorant that they can't accept that they got nothing because they treated the man like an atm for years and he had finally had enough. I do regret not moving sooner, maybe if I had things would some how be different now. But I don't regret letting everything,even my deed signing fall to the side to spend the last bit of time I could with him. Watching him slowly die and knowing I could not do anything to help him was the hardest thing I will probably ever have to do.

The saddest thing for me right now as I sit here crying is not what I got, or did not get. Yes I am terrified of losing the small piece of what he had and had chosen as where I should spend the rest of my days, cause not only have I already begun to start a life there but it is my connection to him. This scares the crap out of me. But what saddens me the most is unlike them I would give all material things up to have my daddy back. My fishing partner, my ice cream buddy, my best friend.


edited for very bad language.......sorry

 

[Jena]

Nightshade ,

I have asked myself all the same questions.

I am afraid there do not seem to be any answers. It is pure greed that makes people do these things I guess.

You take care of yourself, and please try to sleep. I know it is not easy, I have had nightmares for the past 3 years. I am hoping once my situation is sorted out finally I will sleep in peace.

My mother was my last and closest relative, apart from a few scattered cousins and of course my brother. Guess the one thing I have realised is how alone I really am, and my survial is down to only me.

Take good care of you, and be strong.

Jena.

 

[hoosier]

I am really sorry for what you are going through Jena and nightshade. It seems there is at least one in every family................

 

[skirbo]

I'm sorry you are going through this. Ask your lawyer about having him send a letter threatening a suit for libel and intentional infliction of emotional distress against them if they don't cease and desist. Sometimes the best legal defense is a good legal offense.

Best of luck and my condolences,

Sarah

 

[HennysMom]

to you, I'm so very sorry you're having to deal with this situation at such a devastating time with trying to deal with the loss of your father. I lost my father in August due to cancer, it was very sudden as he was only diagnosed on 5 July so we didnt know nor did we expect it to progress so rapidly.

All I can offer is as the others have said - get a lawyer and a good one - they will be able to tell you how to proceed with all of this. Unfortunately if your father did not leave a will with specific instructions on who gets what - your siblings (half or not) are entitled to his estate in equal parts/shares just as you are - even if your mother is directly the next of kin and in line to inherit all of his items/property - all children must sign over their rights to everything so she can have said property (we just did this with my father as he left no will). When you get some bad apples - this can happen, which is why you need a lawyer - it can be fought because your mom is still alive, so techically it should all go to HER and SHE can divide it as SHE see's fit - but not until you get the lawyer and all the paperwork is done.

Get that lawyer immediately.....

FOR EVERYONE:

let this be a lesson to everyone that doesnt have a will -

MAKE ONE UP NOW - it can be just handwritten or typed - it doesnt have to be done up by a professional / lawyer. It just has to be witnessed by 2 people (other than family) and not even notarized (but it makes it better if it is).

Then make 3 copies -

give 1 to the person that will be your Personal Representative (what they used to call your Executor/Executrix)

put one in your safe or safety deposit box -

the last copy you give to your spouse/SO/person you trust (someone that is not PR) so that they also have a copy of your will.

This way you have 3 undisputable copies of your will in 3 different places. You need to let someone know where your key is to your Safety Deposit box and/or the combo to your safe if you keep it in your house (and only someone you can trust obviously) so if something happens to you - they can get to your will and other papers (life insurance for example).

Be sure if you have underage children - you have provisions in there for them and a gaurdianship for said children (think if you and your spouse should perish together) who will take care of your children? It is NOT automatic that they go to the next relative btw - the state will interfere and come in.....trust me. You NEED TO HAVE PROVISIONAL CARE IN YOUR WILL. Do not take it lightly, think of someone who will care for your child until and past the age of 18 (think college and funding for those college years, i.e., trust funds at certain ages, how things will be paid for etc.)

 

[skirbo]

Laws on probate and inheritance vary from state to state. Not every state gives the surviving spouse the full estate when the deceased died 'intestate', i.e., without a will. Each state's rules of inheritance are clearly and plainly set out (well, clear and plain for legalese anyway) in their state statutes, so before you assume your spouse will inherit everything you own you should check.

It is important to have a will if you want your wishes carried out, however I don't recommend the handwritten will. At all. It's too easy to challenge. Quite frankly, even the most foolproof will that is witnessed with the correct affidavits and notarizations after being drafted in a lawyer's office can be challenged and end up in costly litigation. If you need a simple basic will it's not that expensive to have an attorney draw it up. More complicated estates require more complicated estate planning which is more expensive but oftentimes necessary.

I believe that the OP stated that her father had a will drawn up some time ago. OP hasn't indicated whether they have begun probate proceedings on it or not and honestly I'm not sure about the ability of an heir to sue another heir for wrongful death outside of the probate of the estate, but every state is different. Depending on the laws of their state, the adult children may not even have legal standing to sue for wrongful death.

Sarah

Edited to correct word usage

 

[thechickenchick]

I am so terribly sorry for your loss and the chaos that has followed it. Like somone said it seems there is always one in every family. My Grandfather(my Dads Dad) died in October of 2000. There were 6 children. One of which(Aunt R) had borrowed and borrowed and...,. Grandpa told here he kept track and she did not have to pay it back but it would come out of her inheritance. When he died she actually ended up owing her siblings.

In June of 2001, just 7 months later, my Mom and Dad both died in an accident. My Mom outlived my Dad by 2 1/2 hours. I had just gotten divorced and was living with my 4yr old in a tiny apartment. In fact my divorce was final on Minday and I lost my parents on the following Sunday. (Not a good week

) My only sibling, a sister, was married with 4 children and lived up the street from Mom and Dads house. It made sense for me to use inheritance to pay her her share and move into that house. This was her idea. Dad had paid off what little bit he owed on the house with the $ he got when his Dad died. My Dad was 55, Mom was 53.

My Aunt R waited 3 days before she called to ask when we were going to sell the house so we could give her the inheritance she would have had coming if my Dads accident would have happened 7 months earlier! Of course, I was hurt but not suprisd. This kind of behavior was typical of her. She felt beings it was her brother she should be entitled to SOMETHING. She even showed up at the house after I moved in to see if I needed her to take anything off my hands!


In the end she got nothing but to this day watches everything my sister and I do. She talks dirt to anyone who will listen. I have moved away and my ex rents Mom and Dads house from me. She has even had the nerve to knock on his door and ask what my plan is for the house. Its mine, so it is none of her business. She saw a pickup just like my Dads on a used car lot about 6 months after he died. My sister took possesion of the pickup, I took the car. Aunt R told evryone how those stupid girls were just selling everything. Well it has been this long and sis is still driving the pickup an I still drive Moms car.

Hang in there. I know its hard but it will get easier. If you have a good lawyer just do what he says and don't let anyone bully you. My lawyer got many teary phone calls from me. In the end, it did take almost 2 years as there was insurance involved as well, it turned out in our favor.

to you.

 

[nightshade]

Quote:
That is just it he had a will in its last paragragh was to name all his other kids by name and that they and their children were to get nothing that they had gotten all they were ever going to get already and that they had used him long enough. The lawyer told them that the will was binding and they could do nothing about it. Our lawyer says that is why they are trying to sue us now. Now cause she got everything he did not personally give elsewhere and me cause I was his executor to his estate while it was still concittered his estate ( the small amount of time before the will was probated) It is just a mess.

All this just goes to prove that some people are so greedy that they will do anything to get what ever that they want.

 

[AhBee01]

Going thru this too, my father had a will, and my stepmother's lawyer basically told us kids that since he didn't update it after he married her we should just wipe our butts with it, cuz that is all it is worth!
Thank God we has our property separated and house built before he died, at least she can't touch this property!
He died 2 and a half years ago, and we still haven't been to court, what a mess! I hope you get your land.
Brenda