tempest in teapot?

[gentlebreeze]

What is the name of your state?OK
I am the only biological child of a man in Texas who is soon to pass. He has suffered from Parkinson's disease for many years and is highly medicated; has been for years. He is extremely well off in areas of real estate, stocks, you name it.
Father committed bigamy in order to acquire my mothers bank account, to avoid prison from embezzlement and start new life with second wife, then was abusive to her (#2) and continued to be unfaithful. (Wife #2 flew to our home state and signed out my mothers medical disability settlement while mother was out of state at a funeral. #2 was used as a chump, in my humble opinion.)
Wife #2 died fifteen years ago. Their estate was liquidated and divided among father and two step sons. Step sister did not recieve her portion, as I was told.
Father was abusive, in all areas, landing step sister and self in therapy for many years starting at young age. (reason for my aviodance.)
There are three step children from second marrige. Two boys, one girl.
The question is this: My father has drafted his will and intends to leave all to my step brothers. The girls, who were abused, are being left out. (It's a weird situation, to say the least.) The call I received was to inquire if I planned to contest the will? Can I do this?
As my father did not abide by orders in parents divorce decree and would not return college savings account, trust fund, etc, I did not expect anymore of him from will.
Does anyone have any idea why these people are terrified of me, according to my stepsister? I have had no contact with these people since 1975. I did see my father, at his request in early 1990's, but the three visits revealed a very angry, brittle little man I did not care to be around. He apparently is feeling guilty about his past deeds, and I don't need the grief.
My mother is very disabled at this point and has suffered several strokes. Were it possible, I would like to see what was taken from her returned, but realize that is probably not possible?
Any input would be appreciated. I am a 24 hour care giver for a stroke patient myself, so I am rather limited in what I can get out and accomplish.
Thanks for your time.
gentlebreeze

 

[Dandy Don]

(1) Exactly who was it that called you? You are under no obligation to tell anyone whether you are going to contest the will or not, and it would be wise if you didn't tell anyone anything--let them sweat it out. They are terrified of you because you DO have the right to contest, but there are some other factors that must be taken into consideration

(2) Why didn't anyone take steps to recover the money that was fraudulently obtained by wife #2? It's probably too late for that now.

You must wait until the death actually occurs and you have received a copy of the will or gotten a copy from the county courthouse probate court. Your first step will be to take it to a probate attorney to have him evaluate it to see whether you have legal grounds to contest. If they specifically do not mention you by name as being disinherited, then you may want to contest on the grounds that he forgot to include you and your stepsister. If he does specifically disinherit you by name, then you won't have much legal ground.

It is possible that the will does reflect his intent, or it is also possible that since he is highly medicated that some of the medications may be influencing his judgement and that the survivors may have prepared a newer will that he did not approve of but signed anyway. It will cost you thousands of dollars to pay an attorney to represent you in the will contest. When trying to find an attorney to decide whether you have grounds to contest, please get an opinion from more than one attorney so that you can have a truly objective honest evaluation and not just be hoodwinked by an attorney who might not be telling you the complete truth if he wants to go ahead with the contest just to collect a large fee without letting you know whether you actually have specific legal grounds and a good chance to win.

I think a better alternative would be for you to visit a probate attorney now to find out how to and if you can file a claim with the estate (after the death occurs) for the unpaid obligations from the divorce decree (how much was he supposed to pay for the college savings account and the trust fund?). It is very likely that whatever he owed in the divorce decree that he didn't pay can probably be considered as outstanding debts that are due and payable to you from the estate if there are enough assets in the estate to cover them.

Certainly hope this works out well for you since you are so deserving.

DANDY DON IN OKLAHOMA ([email protected])

 

[gentlebreeze]

tempest in teapot

Thank you for response.
(1) Exactly who was it that called you?
Stepsister, daughter of wife #2.
You are under no obligation to tell anyone whether you are going to contest the will or not, and it would be wise if you didn't tell anyone anything--let them sweat it out. They are terrified of you because you DO have the right to contest, but there are some other factors that must be taken into consideration
Thanks for clarification. Am keeping mouth shut and curious about others fears?

(2) Why didn't anyone take steps to recover the money that was fraudulently obtained by wife #2? It's probably too late for that now.
Threats of violence & death to us if mother did not keep mouth shut, and pay off to mothers attorney. (Father carries pay off check in wallet to this day; another flag?) Mother was recovering from total spinal fusion (reason funds existed; settlement of federal workmans comp case resulting in permanent and total disability); she just didn't have the fight in her. I was supposed to testify in court, but either mother would not permit or father made more threats. I was 13 at time. Mother would not stand up for herself.

You must wait until the death actually occurs and you have received a copy of the will or gotten a copy from the county courthouse probate court. Your first step will be to take it to a probate attorney to have him evaluate it to see whether you have legal grounds to contest. If they specifically do not mention you by name as being disinherited, then you may want to contest on the grounds that he forgot to include you and your stepsister. If he does specifically disinherit you by name, then you won't have much legal ground.
Thanks for heads up. I have always let these things pass in past. Other inheritance from grandparents, etc. If I did not earn it, it's not mine...

It is possible that the will does reflect his intent, or it is also possible that since he is highly medicated that some of the medications may be influencing his judgement and that the survivors may have prepared a newer will that he did not approve of but signed anyway.
That is what step sister insinuated. Thanks for catching that.
It will cost you thousands of dollars to pay an attorney to represent you in the will contest. When trying to find an attorney to decide whether you have grounds to contest, please get an opinion from more than one attorney so that you can have a truly objective honest evaluation and not just be hoodwinked by an attorney who might not be telling you the complete truth if he wants to go ahead with the contest just to collect a large fee without letting you know whether you actually have specific legal grounds and a good chance to win.
Okay.
I think a better alternative would be for you to visit a probate attorney now to find out how to and if you can file a claim with the estate (after the death occurs) for the unpaid obligations from the divorce decree (how much was he supposed to pay for the college savings account and the trust fund?).
$250,000 (trust and college). That is all I'm interested in, to be honest. Just what he relieved mother and self of. What he has acquired since is his business.

It is very likely that whatever he owed in the divorce decree that he didn't pay can probably be considered as outstanding debts that are due and payable to you from the estate if there are enough assets in the estate to cover them.
Had not even considered that. Thanks again.
Certainly hope this works out well for you since you are so deserving.
Apparently I'm not very deserving or this would not be transpiring?
Thanks again Don, you are appreciated.
gentlebreeze
DANDY DON IN OKLAHOMA ([email protected])
***************

 

[Dandy Don]

I was just curious--did the divorce decree award your mother child support? If he is guilty of not paying past due child support, that is also a debt obligation that you can pursue for financial recovery from the estate. What year was the divorce decree issued?

DANDY DON IN OKLAHOMA ([email protected])

 

[gentlebreeze]

Don,
The decree is from 1969; long ago, money would have allowed mother to recover fully from surgery. Supprot stopped three months early, but that was then.
Thank you for advice.
gentlebreeze