Ceramic Tile Advice Forums - John Bridge Ceramic Tile

Welcome to John Bridge / Tile Your World, the friendliest DIY Forum on the Internet


Advertiser Directory
JohnBridge.com Home
Buy John Bridge's Books

Go Back   Ceramic Tile Advice Forums - John Bridge Ceramic Tile > Tile & Stone Forums > The Mud Box

Sponsors


Reply
Thread Tools Search this Thread
Unread 03-18-2019, 11:57 AM   #1
MakenaTile
Art Tile maker, Tile Contractor, Future Attorney
 
MakenaTile's Avatar
 
Join Date: Jul 2009
Location: Ontario, California
Posts: 334
Send a message via Skype™ to MakenaTile
Inheritance division

I'd like your feedback on whats fair
Dad dies. There are 2 kids and a 2nd wife.
There's a custom built big main house on 3 acers in Hawaii with a split level out building with an office and shop same size as the house (2,000 sqft?) with kitchen and bathroom plus a second attached office building. Worth 900k -1.4m there are 3 rental houses on small properties in the area.
Dad leaves the healthy younger wife the 3 cottages plus half the main house. One of the 3 cottages is in a trust so when widow dies (in 25 years) the daughter gets the cottage but isnt allowed to sell it. She can only pass it on to her kids who are allowed to sell. The reason for the delay is because she is on ssi and will lose her assistance if she sells the house(when she is 85)

The son gets half the main house.
Nothing was going to get sold. The plan was wife lives in main house and collects rent from cottages until she dies then son moves into main house and 2 of her nephews get 2 of the cottages. Son ends up staying with dad for 4 months to put will together before he dies. Afterhe dies he goes back and spends 5 months getting rid of all his stuff (even tho step mom has kicked him off property and want him gone- taking too long to get rid of stuff)

Its 6 months later. Main house is going to get sold. Son feels he doesnt have to share any of the money with sister because:

1. That how dad intended (remember he was there helping dad write will)
2. he earned it because he was not working while there. (He quit his job for other reasons before going there and hasnt gotten a job since he got back 5 months ago)
3. He's offering to give 10k as a down on a house - but retains rights if she sells.
4. Says the cash is equal to value of house that her kids will get. Tho it will be 50 years old and likely in need of major renovation by then. Step mother will be living in it until she dies.
5. says its not his responsibility to fix dads unfair decisions. (Note- the son is a computer tech that was making 250k a year while sisters ssi is 10k a year)

There is no law saying you cant hand someone cash.

Because cottages are in stepmothers name- she can decide to not leave it to the step daughter. After all - her money alone was used to buy the lots and build all 3 cottages.

The minimum he will end up with after taxes is 400k Cash-. Should his sister get any of it? And how much would be fair?

Thanks
__________________
Janna

www.makenatilemurals.com
MakenaTile is offline   Reply With Quote
Sponsored Links
Unread 03-18-2019, 02:24 PM   #2
Lazarus
Texas Tile Contractor
 
Lazarus's Avatar
 
Join Date: Oct 2006
Location: Beaumont, Texas
Posts: 8,341
Wow. Not sure you'll get a lot of legal help here, but stranger things have happened.
__________________
Laz...

“I came, I saw, she conquered."
The original Latin seems to have been garbled.”
Lazarus is online now   Reply With Quote
Unread 03-18-2019, 02:27 PM   #3
Gozo
Registered User
 
Join Date: Oct 2016
Location: Central Virginia
Posts: 520
That’s a story (in assorted variations) that we’ve all heard. From a legal standpoint, so long as the will was properly written and executed, it is what it is. It’s amazing how family shows it’s true colors once money gets involved. Ethically and morally is different from legally.
There are advantages of a life well lived...by that I mean you spend your last dime with your last breath. Avoids scenarios like you mentioned.
__________________
Jeff
Gozo is offline   Reply With Quote
Unread 03-18-2019, 06:01 PM   #4
Houston Remodeler
Pondering retirement daily

STAR Senior Contributor

 
Houston Remodeler's Avatar
 
Join Date: Oct 2009
Location: Houston Texas
Posts: 28,217
The lesson here is don't write screwed up wills!!

He can give the sister money if he chooses. Considering she doesn't have the money to sue him, she can stamp her feet all she wants.
__________________
Paul1

For when DIY isn't such a good idea...
Houston TX area Kitchen & Bath Remodeling


http://CabotAndRowe.com
Houston Remodeler is offline   Reply With Quote
Unread 03-18-2019, 06:51 PM   #5
Davy
Moderator -- Mud Man
 
Davy's Avatar
 
Join Date: Jan 2003
Location: Princeton,Tx.- Dallas area
Posts: 33,207
I'm not an attorney and I don't play one on TV. But, I agree, the son's income is irrelevant. He can share if he wants.
__________________
Davy

www.davystephenstile.com
Davy is offline   Reply With Quote
Unread 03-19-2019, 02:09 AM   #6
MakenaTile
Art Tile maker, Tile Contractor, Future Attorney
 
MakenaTile's Avatar
 
Join Date: Jul 2009
Location: Ontario, California
Posts: 334
Send a message via Skype™ to MakenaTile
Wasn't looking for legal advice. Just wanted to know if people thought he was justified in keeping everything or if hes being a greedy asswipe. Personally, what hes doing makes me feel nauseated. That he's deluded himself into thinking its fair is nuts. His income matters in that he's able to earn a lot of money and doesnt even need the 400k.
Oh well. What comes around goes around.
__________________
Janna

www.makenatilemurals.com
MakenaTile is offline   Reply With Quote
Unread 03-22-2019, 11:57 AM   #7
Bodie Powers
Retired cabinet maker/remodeler
 
Join Date: Jun 2011
Location: Three Rivers, Oregon
Posts: 1,377
Fair doesn't account for much when it comes to legally binding wills/trusts.
__________________
Bodie
Bodie Powers is offline   Reply With Quote
Unread 03-23-2019, 01:39 PM   #8
Wayne67vert
Tile Contractor
 
Wayne67vert's Avatar
 
Join Date: May 2008
Location: Sanford, FL
Posts: 523
Send a message via AIM to Wayne67vert Send a message via MSN to Wayne67vert Send a message via Yahoo to Wayne67vert
Remember the only place the word fair works is behind the word county!
__________________
Wayne
Wayne67vert is offline   Reply With Quote
Reply

Stonetooling.com   Tile-Assn.com   National Gypsum Permabase


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 09:20 AM.


Sponsors

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Copyright 2018 John Bridge & Associates, LLC