Seeking Advice on Defending a Will against a Contested Claim

hasselbladsnapper on 04/06/2023 - 09:06
Last edited 04/06/2023 - 09:09

I am an executor for my mother’s will and last week was landed with a claim from my sister contesting the will for additional funds due to her poor health and financial difficulty reasons.

I would appreciate some feedback from others who have had similar experiences as I cannot find much on the web and want to be better informed before I contact a lawyer.

The claim appears to be ambit as it is asking for almost double her calculated inheritance from the will, is based only on my sister’s version of events which are contested and the fact that detailed reasons for the amount have not been provided. Does anyone have any idea what percentage of the claim amount they would realistically be looking for?

Is it relevant to raise her propensity to run up debts and that the current debts were caused by her purchase of half of our mother’s house in a remote rural town against the strong advice of family members and her lawyer at the time? It soon became apparent that she could not really afford the mortgage when she asked for our mother’s share of the anticipated rent money to meet her repayment commitments. Her financial woes were then compounded by not employing a real estate property manager and not vetting would be tenants against family advice leading to rent not being paid and some property damage. She is in her 60s and in receipt of a generous Government defined benefits pension.

Does the question of character come into it? We have witness accounts of police activities regarding alleged insurance fraud related to the property and visual and witness evidence of the property’s industrial size shed being used as an alleged drug grow house.

In the claim my sister wants to reduce my relatively modest inheritance from the residual funds of the estate by nearly 80%. Is there anything that provides for the poor old executor who has spent months of her life doing unpaid work as financial manager, POA, carer, NOK and now executor over the past six years protecting the intended inheritance?

Any advice and tips would be much appreciated.

General Discussion Will

Comments

  • Muzeeb on 04/06/2023 - 09:09
    +15

    WHY ARE YOU SHOUTING AT US?

    Muzeeb on 04/06/2023 - 09:09 (Collapsed - Offtopic. Show)
    • randomusername2017 on 04/06/2023 - 09:11

      poor old executor

      Can't afford hearing aids…

    • AndyC1 on 04/06/2023 - 09:49

      The sister is ignoring the shouting.

  • WreckTangle on 04/06/2023 - 09:12
    -3

    Thats a lot of capital letters

  • holdenmg on 04/06/2023 - 09:16
    +50

    Don't reply to her claim or agree to anything verbally.

    See a Solicitor, provide them with the "Claim" and direct all calls or correspondence to them.

  • hasselbladsnapper on 04/06/2023 - 09:17
    +26

    Greetings Muzeeb, This situation is very distressing for my wife, as for shouting I suggested for her to post on my account, She is not familar to the online language and is desperate for some help.

    I told her our Community Members had great knowledge and they MIGHT help!,

    I would love to have some good comment. Thanks

    • Muzeeb on 04/06/2023 - 09:21
      +10

      I'm just talking about the title.

      The body of text is fine and clear.

      IANAL and I'm also not a lawyer but definitely see someone who specialises in this area so they can take a large percentage of the inheritance.

      • spaiydz on 04/06/2023 - 21:09
        +8

        IANAL and I'm also not a lawyer

        But… that's what IANAL stands for…

        • Typical16-bitEnjoyer on 04/06/2023 - 22:15
          +34

          Clearly Muzeeb is conveying they participate in anal sexual activities, but for the avoidance of all doubt that does mean they are a lawyer.

        • jaypee06 on 05/06/2023 - 10:27
          +4

          double negative = positive. lawyer confirmed

        • Munki on 06/06/2023 - 16:26
          +2

          Muzeeb is an anal lawyer. He specialises in rear defence.

      • Sxio on 06/06/2023 - 14:23
        -2

        No idea why you're getting downvoted tbh. I feel for her too. He's obviously not short of $$$. He shoots on hasselblad, one of the most expensive camera systems in the world.

        • sakurashu on 06/06/2023 - 15:58
          -1

          Obviously because being more in need != being more deserving

          She will probably just squander all of this extra money as well, classic bleeding hearts

          • Sxio on 06/06/2023 - 16:35

            @sakurashu: Yes so better not help anyone, maybe they'll waste the money!

            • sakurashu on 06/06/2023 - 18:52

              @Sxio: Or maybe help people who help themselves and just have bad circumstances/life throw them a curve ball? Rather than people with a history of mismanaging money and good opportunities who are in bad situations because of their own poor decisions.

              But sure - nobody should have any personal responsibility.

              I hope if you earn a good wage you put your money where your mouth is and donate a huge percentage of it indiscriminately to people who earn less just because you can afford to

              • Sxio on 06/06/2023 - 19:24
                -2

                @sakurashu: But this isn't random ppl. It's his sister. She might really need the cash.

                Plus lawyers are just going to eat tens of thousands and the estate usually loses so best thing to do is NOT destroy the relationship and actually try to help her.

                From the sounds of it I'd hate to be related to you! Me me me money money money am i right?

                • sakurashu on 06/06/2023 - 19:54
                  +1

                  @Sxio: Lol seems like you didn't read all of the comments by OP; it's her sister (his wife's sister), not his sister.

                  It sounds like she was going to go after the brother's properties but got advice to go after the portion her 2 sisters were getting out of 1m instead

                  So she would have gotten one third of a million and is trying to angle for double this. The only person who is going "me me me money money money" is her? If you were related to me and you tried to stiff me like this you could get stuffed haha - I wouldn't even need the money but it's an absolute scum move

                  • Sxio on 06/06/2023 - 19:57
                    -2

                    @sakurashu: Exactly. You don't even need the money. You're just… well you're telling us all how you are right now. You're like this.

                    • sakurashu on 06/06/2023 - 20:02
                      +1

                      @Sxio: Explain to me how someone who will inherit 1/3m actually needs 2/3m instead

                      I notice you didn't answer about donating your own money - says everything we need to know about you as well, cheers

    • idonotknowwhy on 07/06/2023 - 12:13

      Hey read holdenmg's reply above / make sure your wife reads it. This is what she needs to do.

      Don't reply to her claim or agree to anything verbally.
      See a Solicitor, provide them with the "Claim" and direct all calls or correspondence to them.

  • ChrisLevo on 04/06/2023 - 09:17
    +60

    See a lawyer.

    /thread

    • franco cozzo on 04/06/2023 - 10:13
      -5

      …or bikies?

    • djones145 on 04/06/2023 - 12:27

      meh what would you know, ive watched enough legal tv shows (law and order) to give advice
      ….
      see a lawyer

  • poboy on 04/06/2023 - 09:21
    +15

    Oh man. Yeah, this will be tricky. Don't communicate with her. I'm not a lawyer, and I don't know the intricacies between states, but she's playing the right angle to get more money. You may have to negotiate. By all means get a lawyer involved, but also realise that a lawyer needs to be paid by the hour, and it may be cheaper to reach a quicker settlement.

    Good luck.

  • mskeggs on 04/06/2023 - 09:38
    +10

    Unfortunately, the description of the kind of assets involved suggests this isn’t millions in the inheritance.
    From examples I have seen, these kinds of disputes can’t be resolved well through the courts, the legal process chews up much of the money at stake. It is a failing of the system that it incentivizes “terrorist”style claims - if you defeat it successfully you still pay hefty fees and the original bequest holds, just less for all concerned, but the other beneficiaries are tempted to just settle rather than risk the fees plus a reduction in their bequest if the challenge succeeds.

    Not advice, because we don’t know the ins and outs, but I would probably seek a trusted go-between to have an initial talk to them and see if they understand what they are doing, the impact on other beneficiaries and the outcome of a smaller pot for all after costs.
    At least seek to fully understand the situation before deciding how to proceed and if they have considered other approaches.

    It is possible that there is some specific outcome that might suit them rather than just more of the estate - e.g. arrangements with the country property or similar that might satisfy them at little cost to the other beneficiaries.

    • Ocker on 04/06/2023 - 09:52
      -2

      "the legal process chews up much of the money at stake"

      It is my understanding the law was changed several years ago so that a person challenging a will are responsible for their own legal costs in doing so. Prior to the change the cost would have come out of the estate.

      • RockyRaccoon on 04/06/2023 - 11:04

        Thats for your state, the op is in SA this is better understood by looking at a relevant legal site like this one.

        https://www.armstronglegal.com.au/contested-wills/sa/contesting-a-will/#:~:text=Pursuant%20to%20Section%209%20(8,claimant%27s%20costs%20by%20the%20estate.

        • Ocker on 04/06/2023 - 13:13
          +1

          True, OP may be located in SA but it will also depend on which state the mother was domiciled at the time of death as that would be the state in which probate would be passed. Thereby determining the law that would apply to contesting the will.
          Regardless, the only one to really benefit would be the lawyers.

      • AngoraFish on 04/06/2023 - 11:04
        +4

        This misleading. True, if someone challenges a will and loses they will normally end up paying their OWN costs. If the person challenging the will wins, however, their costs typically ARE covered by the estate.

        The cost of defending against a challenge pretty much always comes out of the estate unless a judge thinks that the claim has been made in bad faith.

        Additionally, regardless of how it plays out, there are numerous expenses incurred in defending against or managing a claim that are not covered by costs orders.

        In practice, any legal action will in drain the estate.

        • RockyRaccoon on 04/06/2023 - 11:07

          Exactly, that why so many litigation lawyers advertise, no win no fee, as they also know and assess who pays.

          Also if as in this case the litigator isn’t financially sound, they might not even have the ability to pay. As the OP says their record on making finically decisions or accept logical advice would be suspect.

      • frewer on 06/06/2023 - 11:52

        Idk about that, but OP's wife gotta hire a solicitor to deal with it. Unless they know someone to do it for free

  • GordonD on 04/06/2023 - 09:41

    Allow me to ask another will related question that someone might know the answer to.

    Can I find out the details of the will of a relative who died a few years ago to see if she might have left me something, and I was not contacted by the executor to say that was the case? I expected I would have gotten something, but I only found out she was dead after I found out the person who I expected would have been her executor, who I was estranged from and who I don't expect would have gone to much trouble to find and contact me, had also died.

    All I know is where in Queensland, and when, she was buried.

    • mskeggs on 04/06/2023 - 09:49
      +9

      The executor will have made a newspaper advertisement when applying for probate, to alert people with possible claims. Try searching the courier mail or Australian classifieds for their name.

      • bmerigan on 04/06/2023 - 22:15
        +10

        That's so hilariously old fashioned. I'd never see it.

    • Typical16-bitEnjoyer on 04/06/2023 - 22:18
      -1

      You expected a call telling you that you WEREN'T entitled to anything? Should I have received a call as well? I probably didn't get left anything.

      • GordonD on 05/06/2023 - 09:06
        +1

        No, but I can suspect that when I no longer worked for the same organisation, and had moved to another state, that he might not have tried very hard to find me.

    • Nebargains on 05/06/2023 - 06:55
      +5

      I believe you can apply to the courts to have a copy of the will released to you for a fee (might be like $100 or something).

      My father in law did this a couple of years ago, his dad died and he nor his siblings received anything (I don't think they were expecting to or that there was much to receive). It seemed everything was left to a step child or charity or something like that and the executor of the will refused to tell them what the contents of the will were. They weren't even trying to make a claim, just curious what their dad did with everything and I suspect they were somewhat put off by how secretively it was being handled.

      Anyways submitted some sort of application to get a copy of the will which was granted.

      • typhoonadventure on 06/06/2023 - 14:07
        +1

        I've got a friend who's husband had a mental breakdown which resulted in their death.

        Immediately after the death the entire family of inlaws turned on them, went from all friendly to stone walling them, took over the funeral, took over the estate handling and everything.

        Widow hasn't heard anything about the estate at all, hasn't gotten her husbands ashes and the family are playing a whole angle that they were broken up (they werent).

        She's been through the absolute ringer and can't afford a lawyer, any idea if theres anything I can recomend she do? she'd be happy just to get his ashes and their dog back but it's been over a year now.

  • JimmyF on 04/06/2023 - 09:42
    -5

    SEEKING ADVICE

    STOP SHOUTING… Thanks

    See a lawyer or your Solicitor. Your sisters claim over poor heath/poor doesn't change anything.

    It will be about what she claimed was said between your mum/her and if she can prove it.

    Also things like when the will was last updated vs when your sister claimed this all happened.

    ie if she claimed this all happened 2 years ago, but the will was updated 18 months ago.

  • mskeggs on 04/06/2023 - 09:46
    +6

    One final suggestion based on the comment about an 80% reduction in your inheritance - you can use the threat that you will simply cease to act as executor if the sister proceeds with this claim. The process of appointing a new executor via probate court will be costly and lengthy, and in itself might dissuade the sister. But that doesn’t leave you in a better position, but if you are down 80% it might be all you have to bargain with.

    • hasselbladsnapper on 04/06/2023 - 10:09
      +7

      I apologise for the shouting. No offence was intended. I have thought about the wisdom of my sister targetting the executor's inheritance given that it could incentivise taking it all the way to court given that I have little to lose. Also there is also the potential to hold up the funds distribution indefinitely. My sister was the executor of the will be she renounced in favour of one of my brothers before we commenced the probate application. We had a good relationship until she was befriended and groomed by a family of neerdowells who then became her tenants that has led to all this grief. I detect a certain amount of malice but as my inheritance comes from residual funds it was easier to target along with another sister. I got the biggest hit because I am supposedly rich.

      • Muzeeb on 04/06/2023 - 10:14
        +7

        I am supposedly rich.

        Shooting with a Hasselblad does imply that to be fair.

      • moar bargains on 04/06/2023 - 20:18
        +10

        +1 for first recorded usage of ne'erdowell on Ozbargain 👌

        As for the situation, I have nothing to offer but my condolences on the difficulty of it.

  • garetz on 04/06/2023 - 09:47
    +5

    Delete this immediately and get real legal advice.

  • lostgoat on 04/06/2023 - 09:52
    +12

    Contact a lawyer and watch all your inheritance go up in smoke for both parties.
    Try some type of mediation if possible .

    • juki on 05/06/2023 - 08:23
      +1

      if i wanted something to be mediated but somewhat legally supervised is there some sort of representative or third party whose job it is to do so ? (JoP?)

  • Stopback on 04/06/2023 - 10:02

    It's cheaper to just cave in.

    You aren't dealing with millions.

    Lawyer fees etc

    Offer some good will.

    Don't let your dislike of your sister cloud your judgement.

    • surg3on on 05/06/2023 - 10:02
      +2

      Nah id rather the lawyers get the money than her

      • Sxio on 06/06/2023 - 14:27
        -1

        That's a pretty strange thing to say. Spiteful. You'd rather help a rich person than the money go to your own sister?

        • surg3on on 06/06/2023 - 14:37
          +6

          If shes going after me then yeah, she has decided money is worth more than family.

          • Sxio on 06/06/2023 - 21:51
            -2

            @surg3on: She's not going after you. She's just one of life's losers who sees this as one, maybe her only chance to get a win.

            And that sucks. But lawyering up if you have ANY other option is a mistake. It can take years. Years where you'll spend tons of time worrying and stressing about boring things that you don't care about. Whilst legal professional are charging you tens of thousands of dollars. If there's any other option, I'd strongly consider it.

            I definitely wouldn't gleefully going into a legal action feeling like I'm going to get a good feeling of vindication or anything out of it. You won't, you'll just have much less than you started with and any relationship with the other party is ruined. That's a lose-lose situation.

        • IM-Cheap on 06/06/2023 - 21:01

          You're one of those blood makes family types aren't you?

          • Sxio on 06/06/2023 - 21:52

            @IM-Cheap: That is literally the definition of family, but no. I've just got experience with legal stuff and the only ppl who win are the legal pros. Everyone else loses.

  • Lunarboogie on 04/06/2023 - 10:05
    +8

    This sounds like a horrible situation OP and my heart goes out to you. I echo other comments and suggest you mediate with your sister. If you go down the legal route, there will be mutually assured destruction. While it sounds dreadfully unjust, your sister's poor life choices may entitle her to a greater share of the pie. In estate case law, the hard work and honesty of beneficiaries can often work against you. I suggest you put your ill feelings aside, as hard as this may be.

    For others who face a similar scenario, it can be smoother for the will maker to give away their assets before they die, rather than post facto. The issue of timing, though, is always fraught.

    • hasselbladsnapper on 04/06/2023 - 10:44

      I hear your comments about engaging a lawyer and I fully intend to do so as this whole process seems to a game only known to lawyers. I was only seeking advice from people who have had similar experiences and had some tips. I am a little wary of lawyers after the ones who did the probate application spun out the process for six months costing over twice the initial estimate and despite me providing most of the data required. I thought they were simply inefficient but an OzBargainer post warned that this is lawyers charging tactic.
      The best advice I have so far is an episode of Kitty Flannagan's ABC Fisk commedy were her lawyer character encouraged a client to settle and give some go away money. This is our intention and only give my sister a small sum to fix up and sell the country property. As for her health issues we will recommend NDIS. We may need to play hardball about some the unsavoury aspects of her behaviour.

      • Typical16-bitEnjoyer on 04/06/2023 - 22:24
        +5

        Six months is the statutory administration period. They sound smart to me.

        Please don't take legal advice from low budget comedy shows.

  • TheMindsetTraveller on 04/06/2023 - 10:42
    +11

    In my last work, these claims happened quite regularly and we often pursued claims for beneficiaries who felt they were not adequately provided for. (In your situation, we would have advocated for your sister's rights).

    Two important takeaways - both your sister's behaviour/character grounds will have zero sway, similarly your voluntary assistance of your mother before death on a range of personal and financial assistance, despite how amazing over the past 6 years they are, is never considered post-death distribution. There is case law of two brothers (can't recall the names right now) where one brother supported the mother for like 20 years and felt he needed to get more after her death since he sacrificed a bulk of his life towards caring, and the other brother focused on his career and was very successful financially. The will gave the brothers 50-50, however the caring brother wanted a bit more saying he helped her out for 20 years and reliant on government support while the other brother reached various senior management roles. The courts, even though saying the caring son was fantastic, did not matter because there are various factors why a court should change/alter the will.

    This comes down to factors such as whether your sister was dependent on your mother, does she have any additional needs e.g care/disability, whether those needs should have been taken into account by your mother when making her will etc.

  • Muzeeb on 04/06/2023 - 10:51
    +1

    There is case law of two brothers

    Grimsby?

  • hasselbladsnapper on 04/06/2023 - 10:52
    +1

    Thank you for this - much appreciated. I am a little hazy on what defines dependence. She was no more dependent on our mother than her other five children. She had a Government job for over 30 years, is highly educated and is now in receipt in a Government pension. Throughout her life my mother gave gifts to her children to assist them buy a house and gave her an interest free loan to pay out her ex husband after a divorce.

  • Loot N Plunder on 04/06/2023 - 11:00
    +7

    Been down this route. Share it fairly, but don't take a slice of my pie

    asking for almost double her calculated inheritance from the will
    They are going for double and expecting half that

    First and only offer
    Offer 50-50 or the other alternative the whole lot is gobbled up by lawyers leaving nothing for anyone.
    sorry to say but when we are talking death the vultures come out and that's how it goes
    50-50 or nothing when we are talking small amounts and not millions

  • hasselbladsnapper on 04/06/2023 - 11:23
    +10

    Thanks for this. This is the sort of info I was after. I probably need to put more context. My mother was from a farming family and retained a share of the farming properties after our father died over 25 years ago with the other shares going to my two brothers. Her estate is worth about $2.6m to be divided amongst six children. My two brothers are to receive the remaining shares in the farming properties. They worked for about $1 per hour in the 1990s in anticipation of receiving the farming properties. Separate provision has been made for one sister who had seven children, did not work and was reliant on my mother for the payment of some bills. Her share of the estate is the highest and her benefit has been calculated to supplement the Aged Pension without adversely affecting the amount she would receive plus a house. The remaining estate of about $1m is to be divided between the other three daughters (including the claimant) who have/had professional jobs. In my sister's claim she is seeking the additional amount by shaving off the benefit that was due to be paid to her other two sisters.

  • EightImmortals on 04/06/2023 - 12:24
    +22

    So what's the point in making a will if they are so vulnerable to specious claims by anyone who sniffs a dollar after the death of a loved one? I've heard of so many similar stories over the years, what the hell is wrong with some people?

    • ribze1 on 04/06/2023 - 21:56
      +5

      Agree this annoys me so much. "Isn't worth the paper it's written on" as they say. The only solution is for some solid estate planning and gifting along the way, if one can.

    • iCandy on 05/06/2023 - 07:53

      Same thing happens with who you nominate as beneficiaries in your super fund. The trustees have the final say.

      • Cheesysmiles on 06/06/2023 - 09:15

        A "binding death benefit nomination" would solve this issue

        • kirt on 06/06/2023 - 09:48

          Not sure about other states, but in NSW, I believe super can still form part of the estate, regardless of a binding death benefit nomination:

          There is one caveat to the finality and security of a binding death benefit nomination. In New South Wales, there are statutory provisions that allow deceased estates to reclaim death benefits assigned according to a BDBN. The Succession Act 2006 recognises both a deceased’s actual estate and when necessary, the deceased’s notional estate. Essentially this means that if there are insufficient assets in an estate to provide for a successful Family Provision Claim, the court can reclaim notional estate assets for distribution to existing beneficiaries and successful claimants.

          https://www.armstronglegal.com.au/contested-wills/will-dispu…

    • v8bargain on 05/06/2023 - 10:21
      +3

      I'll add a clause that said whoever contest my Will, will have their share fully donated to (a pre-selected) charity.

      Only not sure if this will work in case if the contest is about this condition…

  • hasselbladsnapper on 04/06/2023 - 12:32
    +3

    I agree we are gobsmacked. I think my sister was initially going after my brothers' farms but was probably advised that it was easier to go after her two sisters' inheritance.

  • screensaver on 04/06/2023 - 13:08

    Perhaps arrange a zoom meeting and see f the family can come up with a fair solution for all. and explain that a court case will eat up everyones money including hers

  • screensaver on 04/06/2023 - 13:17

    I dont see why she would be entitled to more than her sisters as it should be share and share alike

  • hasselbladsnapper on 04/06/2023 - 13:19
    +5

    Thanks - this would be the preferred route. My brother (the other Executor) who has a better relationship with her is intending to try again to talk to her about what she really wants and come up with a solution. As a single person with no family of own she will have a pretty lonely existance being cut off the rest of the famiy as a result of her actions.

  • cookie2 on 04/06/2023 - 13:24
    +3

    Fight her. She's being a bully. If the split is equal between the 3 of you, then she's just being a leech trying to leech some more money.

  • screensaver on 04/06/2023 - 13:28
    +3

    If she wants more than her sisters thats being greedy

  • Webber000 on 04/06/2023 - 13:38

    No idea whether any of this is legal - but could you and the other sister who would loose their share come up with a private offer (not as executer) if she drops contesting the case - such as you would buy her remote town house (and then she would have $$$ from that to spend and support herself as she wishes) - she may see dollar signs but of course you would then own that and sell it. Obviously make sure any offer was for vacant possession etc.
    Or would you and your other sister who would be loosing their shares actually prefer to see your shares wasted in legal fees with a case that is dragged on years rather than given to this sister. Is there the potential for you to stop acting as executor at some point in the future thus delaying things further and costing more? Could this cause you endless stress and sleepless nights that you could then counter claim for a bigger share given you now have mental health and medical issues and would need those funds to support you?
    If the bad sister has already taken legal advice then its likely they will tell her to reject any of your offers even if they are better because they will want to drag the case out longer so they can charge more fees. Can your brothers speak to her to recommend any offer and try to get her to understand she would be better selling you the house etc and taking that money and make sure she understands the amount that is going to be spent on legal fees?

  • happydude on 04/06/2023 - 13:55
    +3

    I am an executor for my mother’s will and last week was landed with a claim from my sister

    How was this received? It is from a lawyer, or merely a winge.

    I am a little wary of lawyers after the ones who did the probate application spun out the process for six months costing over twice the initial estimate and despite me providing most of the data required.

    How long has it been since probate was granted? The is a 6 month time limit on lodging claims with the court.

  • Leadfoot6 on 04/06/2023 - 14:12
    +9

    A forum such as this:

    https://www.lawanswers.com.au

    would offer you a more "informed" environment to pose your question than would OzBargain.

    There is a specialist sub-forum for your question:

    https://www.lawanswers.com.au/forums/wills-and-estate-planni…

    It would seem that even qualified people make use of that forum:

    "17 February 2020

    1

    Thanks for the help in advance. For background I am an ex-solicitor who worked in property but never dealt with this before so looking for some advice on how to enforce an easement in practice."

  • hasselbladsnapper on 04/06/2023 - 14:21
    +5

    It was from her lawyer after we were notified on 24 April that she was seeking legal advice on her entitlements to challenge. My sister has had a bee in her bonnet about the unfairness of farm inheritances going to the sons and has recently completed academic study into the topic. She proports to be the warrior feminist so you can image our surprise when she has targetted her two sisters. So much for the sisterhood!
    Probate was granted on 10 January this year so she is within the 6 month window.

    • kiitos on 06/06/2023 - 14:39

      That kind of stood out, how did that come about? Were your brothers always working on the farms? Was there an offer to all children to be able to get a farm share of you worked on the farms?

      • hasselbladsnapper on 06/06/2023 - 15:02
        +1

        Hi Kitos, The Brothers worked the farms for many years, and paid $1 per hour in the understanding that it went to them on the death of the father ~ was 25 years ago, the girls all were helped to buy homes and find good jobs which they did.

  • hasselbladsnapper on 04/06/2023 - 14:30
    +2

    Thanks - much appreciated I will check out the link. However still keen to hear about real life experience from other executors if available.

  • runamuck on 04/06/2023 - 15:48
    -1

    As they say, more money more problems. Should of just donated all the money away, at least the kids wont be able to fight over it and still be wholesome family. A rift in a family not worth it.

    • cookie2 on 04/06/2023 - 20:28
      +4

      I'd say that the rift was already there. Money and death both just bring it to the surface.

    • ssfps on 04/06/2023 - 22:01

      If family members are willing to rip each other off after parents die, they never had much of a bond to begin with.

  • infinite on 04/06/2023 - 15:59
    +9

    Almost any lawyer who deals with estates and probate issues will give you a free 30 minute first consult & can at the end of that meeting tell you quite reasonably if it's going to be worth engaging their services, in the context of the expense of engaging them.

  • Kiro on 04/06/2023 - 16:27
    +1

    Lawyer up, there is no good at the end of this.

    She wants more money, she will have to provide more documentation to support her claim.

  • TheRealCher on 04/06/2023 - 17:12

    Wheres jerry Springer when you need him?

    This is why bankrupt ancestors/poverty is great - no expectations. Families are messed up and after the burial you walk away.

    So, to op, if its money you want you have to spend money because money makes the world go around.

    If its peace, love and understanding, elvis Costello will help…

    But you cant always get what you want

  • hasselbladsnapper on 04/06/2023 - 17:55
    +7

    I appreciate all your comments and have taken them into account. I have just prepared a spreadsheet with her projected income and assets from the current will which came out to over $2m in assets (putting her in the top asset quintile) and $60k in retirement income. I also found mistakes in her lawyers' projections underestimating her benefits by about $90K. I think she will have some difficulty justifying why she needs more.

    • lostgoat on 04/06/2023 - 18:07
      +7

      You can play the cards with her that she won't have 2 mil for long after the blood sucking leachers get their hands into it .
      They can gobble up large chucks of that fairly fast .

  • Weezle on 04/06/2023 - 17:56
    +2

    Better call Saul!

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