Undue Influence of Parent's Estate; How can I recover my Share?

[Just Blue]

It is obvious that you are trying to bait me so I have a better idea drama girl, lets go public and let decent, unbiased people share their opinions.

I live abroad but returned to the USA several times so my sister and her family could take extended vacations abroad. I returned and spent 11 months helping to care for my parents. After their passing I repeatedly phoned my sister and endured her abusive tirades on when I asked about the distribution of family items.

There is a huge difference between asking to receive some family photos as opposed to comparing those items to the value of half a can of Drano at a garage sale. But your post is not about proposing a solution; you are trolling.

Do unsuccessful lawyers such as your self spend every waking hour to drag others down to your level?

Uhh, yeah, I guess so...

It is very apparent that you are not happy with the advice that VOLUNTEERS have given you. So go hire an attorney to assist you.

 

[Proserpina]

It would seem that manipulation of incompetent persons for personal gain is acceptable for several members of this forum.

You need the sort of help a legal forum simply cannot provide.

I suggest you seek it elsewhere.

 

[HenryMarcum]

It is very apparent that you are not happy with the advice that VOLUNTEERS have given you. So go hire an attorney to assist you.

I appreciate objective, non judgemental advice. Some of the "volunteers" have gone out of their way to engage in mean spirited comments that serve no useful purpose.

 

[HenryMarcum]

It would seem that your idea of fair and your sister's idea of fair are two different animals. Whose definition should be used?

If a poll were taken, more people would be sympathetic to my view point.

 

[Just Blue]

I appreciate objective, non judgemental advice. Some of the "volunteers" have gone out of their way to engage in mean spirited comments that serve no useful purpose.

Not one member was posting mean spirited comments. Again...Hire an attorney to assist you.

 

[justalayman]

You are just trolling, looking for a spat.

Any decent person would agree that sharing of family items is the right thing to do.

Please do not comment further.

Stop there. Right and fair (at least in the manner you are applying the terms) has very little of anything to do here. Legal is what matters.


How long ago was probate closed? You may be beyond and period of time to contest the matter now.


Your posts are very confusing and unclear as to when anything happened, how anything happened, what was actually eligible to be included in the probate process and what wasn't. Given you have already taken issue even with those that have offered some direction, I'll not bother to try but suggest you hire an attorney who can walk you through your issue step by step and help you. Maybe when you're paying an hourly rate you will be more open to providing the info required of you.

 

[Dandy Don]

What is the language in the will about who gets the property after the life estate is over?

You probably didn't know it then, but if there was a question about your parents' mental competency, that should have been tested while they were living and it could have been a major factor if either will had been written after they had been diagnosed as incompetent. Did your sister acquire conservatorship through a court proceeding and is there medical evidence in medical records of a diagnosis of Alzheimers/incompetency by a physician? You might have had grounds to contest the will but contesting a will is very expensive in legal fees and it is questionable whether that would be worth it to pursue due to the limited value of this estate.

You were extremely lucky to receive the payout from the insurance policy. If you know the names of the other insurance companies that paid her, you should contact those companies by letter to inquire whether she used her POA to have the beneficiary designations changed at any time--if she did do this, then this was illegal. Assuming that the insurance companies will even give you any information, if you do find out that she did this, then you will want to hire an attorney who specializes in insurance actions to consider filing a lawsuit against her and/or the insurance companies. But please also be mature enough to realize that if you were not named as a beneficiary on any other other policies that you are not entitled to anything from them, even if the will says "all assets are to be split 50/50", since the beneficiary designations override whatever the will says.

Since we can't see the language of the will, the people reading a message board would not be able to give you a professional opinion about whether this estate was handled correctly or not. Ask a probate attorney to examine the file to see whether or not you have a basis to recover anything else.