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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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  #1  
Old 11-05-2009, 09:46 AM
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Claim to father's estate?


What is the name of your state (only U.S. law)? Kansas
My father owned a large cattle ranch. My brother worked for him. In 2003, my father discovered irregularities in the bookkeeping, which my brother handled. My father called me to help him straighten it out. We discovered my brother had embezzled hundreds of thousands of dollars. For two years I assisted my father in cleaning up my brother's mess, while also holding down a stressful professional job. My father revised his will in 2003; I was the sole beneficiary. My father had a stroke in 12/03, and I was back and forth trying to help him.

In 2005, I and my family moved to a house on my father's ranch in order to help him run it. I worked for him in his office. In 2006 he had another stroke, and my husband and I helped him recover. In addition we started doing a lot of his personal errands, etc.

By 2008, he had mostly recovered, but had become more and more demanding of us. We told him we'd like to help him hire a personal assistant. This ultimately led to a blow up and he fired me, took me out of his will, and started charging us rent.

His estate is worth about 3 million. Do I have a claim against his estate when he passes based on my giving up a job paying $100,000 a year, selling my house, moving my family, etc., based on his continuing statements that I didn't need to get another job or worry about the future since I was going to inherit his estate?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  #2  
Old 11-05-2009, 10:48 AM
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So who is he leaving his estate to?

If there is no reason specifically mentioned in the will to explain his reason for disinheriting you, you might have legal grounds to contest but you will need to take the will to a probate attorney (after your father dies) to have it evaluated to see how strong or how weak your legal grounds would be. And a will contest is going to be expensive to you in attorney fees.

Bottom line is he has the right to leave his estate to whomever he wants.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
  #3  
Old 11-05-2009, 05:39 PM
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I think he's leaving it to some scholarships.

I realize he can do what he wants generally but isn't there something called detrimental reliance or a reliance interest where somebody gives up something in reliance on what another person promises?

Thanks.
  #4  
Old 11-06-2009, 02:56 PM
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Yes, that is a valid concept but there is nothing IN WRITING to prove your case.
  #5  
Old 11-06-2009, 06:27 PM
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pmax


not an attorney. I am an RN. Change in temperment post stroke can be deemed as dementia. What do these changes consist of. Are their any other residual effects of this stroke.
  #6  
Old 11-06-2009, 06:29 PM
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Quote:
Originally Posted by pmax57 View Post
not an attorney. I am an RN. Change in temperment post stroke can be deemed as dementia. What do these changes consist of. Are their any other residual effects of this stroke.
Unless our OP can prove that AT THE TIME THE WILL WAS CHANGED, dad was legally incompetent, then the will is valid.
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