My MIL died recently and willed all to 1 of her 5 adult kids. The other four children were not even mentioned in her will. She had willed everything to her youngest originally, but about 25 years ago she had a "falling out" with him and changed it willing everything to her 2nd youngest son instead. Nothing for the daughter who lived in the same area and bent over backwards to try to help her and get along with her in her old age. Nothing to her other daughter nor her other 2 sons. No, she willed everything to her son that lived 1200 mi. away from her. We feel he ingratiated himself to her by whatever means and he had his sister bring her on a flight to stay at his house a few months before she died. He didn't even bother to call the other siblings to let them know of her death, he called the sister that brought her and she then called the others. We think he is fearing confrontation about the will. He duped my husband into helping him do repairs on her house, all the while knowing it was ultimately HIS house, as he was set to inherit it, unbeknownst to the rest of the family. We found out through county records that the house was put in a trust and he is the trustee. I'm thinking that pretty well locks everything up neatly for him, since he is successor trustee for the trust that holds the property. So I think even if we contested the will nothing would come of it. We now hear he is giving her household things away to neighbors and anyone but family. It is so weird, but I guess she really hated her other children. They are all great people with nice families. It is sad what she has done to shatter her family, must have had a heart overflowing with hate. I know one thing...the son that has gotten everything will never see or hear from any of his siblings again. I hope he has fun with the money because he has no family left that will have anything to do with him.
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He was taken into hospital (where we could all visit - Hilarious when we held a domino tournament in his private room!) He rallied for a while then eventually he died on the very day his wife had two years previously.
The funeral was incredibly simple give that we knew he had wanted the two black horses and to be 'walked out' of the village he had spent his entire life in. It didn't matter .... the streets were lined with people and while it was two black cars it was dignified. The funeral was standing room only and although he had always wanted to be buried next to his wife the family arranged a cremation.
The villagers were in uproar but of course nothing they could do. As you can imagine there was a sizeable estate and come the day of the will reading, the family all arrived at the solicitor's office alongside one other person - his best friend of about 40 years, who had been there thick and thin for his buddy.
I can't remember how many nieces and nephews there were but about 8. Apparently they were all given an envelope as was his friend.
His friend's letter said something along the lines of...... You have always been there for me and we have been through good and bad and come through smiling and I thank you for that. I want you to have my cars. You can sell them and enjoy your life or keep them and enjoy your life but whatever you do enjoy your life....remember our motto? You're a long time dead! Goodbye my friend
He had owned 5 perfectly restored vintage cars worth an astronomical amount which he and this friend had restored together.
To his nieces and nephews. Inside the envelope was a crisp £10 note and a letter that said something like. This money should be taken to the pet shop to buy food to feed the birds. You are all vultures and will not benefit one more penny from my estate. You have never visited in 30 years and it was too late after the death of my wife when you couldn't even move yourselves to come to her funeral.
The rest of the estate was sold in its entirety and the money given to 3 favourite charities - the amount? oh a minor amount really ....about £2 million!
They had no redress and no right to contend because a) he had left them money and b) had left a letter. That didn't stop them. They contended en masse and to the vast amusement of the village LOST en masse
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I think I will work toward bringing the family together by talking up a reunion next summer in their hometown. That way their mother could look up from where she is (in hell??) and see her happily married children, their kids and grandkids and see that her family still lives on and loves eachother in spite of her best efforts to destroy it. That would be poetic justice for her and testament to the power of love and kindness. She gave us lemons...so we make lemonade!!
Mom was a narcissist. I was the scapegoat. I had to distance myself for emotional reasons and this was her punishment. As my brother told me, "mom is into pout and punish".
I will have to live with the notion that my mother didn't love me enough to make sure I was part of the family and got an equal share.
I don't agree that people should do whatever they want with their assets. We all leave a legacy to our families. What would you want yours to be?
The Will should be a Pour-Over Will, linking to the Trust, which establishes who the heirs are. You should try to get a copy of the Trust, to determine if in fact it only covers the house or covers more of her assets, as well as to confirm your understanding of the named heirs.
I was wondering since the Will was changed so long ago whether the Trust was created at the same time, or later. If later, the Will should have been redone to create a Pour-Over Will.
If you do file suit to contest the bequests, I think you'll have to prove undue influence as the basis for your challenge. Start gathering data that supports that premise.
When you get a copy of the Trust, and the Pour-Over Will, read it to see if there's an in terrorem clause, which provides that anyone who contests the will will either (a) inherit a limited amount, or (b) inherit nothing.
Until you see the Trust, you can't conclude for sure that the bequests are as you've written in your post. It's worth it to check it out.
I think the point of contention is that the siblings feel their mother's estate should have justly been divided between all of the siblings, rather than just the second choice son, and that perhaps there was undue influence by him. But what was it?
I totally agree that undue influence is going to be hard, if not impossible, to prove. There's so much disconnect from the MIL that I don't know how anyone could really factually document and prove what influence the second son might have had.
What I find sad is the history of the daughter who attempted to help her mother but literally was pushed out into the cold. The MIL clearly wanted to disinherit all but the one son; it must hurt the other siblings but I think prolonging it is only going to cause more frustration and hurt.
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