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Father n Law's Will

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lcwolfman

Junior Member
My first post so sorry if its in the wrong spot..
My father in law passed away over a year ago in Texas my wife and I currently live in Florida.. We are having a problem with a piece of the estate.. A vehicle her father owned.. We bought this vehicle with the understanding the amount would be taken out when the estate was settled up.. It is coming up time now and we just found out he plans on taking the whole amount of the vehicle out of her portion.. The will breaks down like this..
65% to my wife (She was his only child)
15% to another member of the family that has passed away..
15% to her father's brother (the executor)
The rest breaks down to her fathers brother's kids..
From what I understand the other family member who has passed away her portion splits equally to the rest.. The problem is he wants to take the whole portion of the truck out of my wifes portion.. Since 65%+ of the truck was already hers I dont understand how he could do this.. The truck is worth 12,000$.. Since my wife and I can not afford a lawyer, im afraid he is going to screw with what is suppose to be hers.. Thanks in advance for any help given..
 


curb1

Senior Member
You are correct in your understanding. The executor should be taking only $4,200 (.35 x $12,000) out of your share of proceeds. It would be worth it for you to have the executor go to an accountant to get this right.

This is not that difficult. Explain it this way. You could pay the $12,000 to the estate for the truck and then the estate would give your wife back $7,800. Or, to save that step the estate could just reduce your wife's portion by $4,200.
 

lcwolfman

Junior Member
Thank you for your advice.. I have explained this to him but he refuses to listen.. He told me he is not going to go through all the who has what % of the truck she bought it for 12,000$ and as such thats what is coming out of her portion.. Im afraid since we can not afford a lawyer we will not have much say in the matter.. A letter is coming in the mail to sell the property as the will says everyone has to agree on the price.. My wife would like for him to settle whats there in the estate after the property is sold since we really need the money to move to a better city.. The only thing left in the estate is some stocks her father had in a medical company.. I believe they at the time were worth 35,000$ but not sure now as the company is being sold and will not talk about any stocks with them.. Thanks again for the advice though..
 

curb1

Senior Member
Is this going through probate? You should not fold this easily. How are you with the other beneficiaries?
 

lcwolfman

Junior Member
The other members of the family on the will are
lewis (the executor)
Lewis' kids (we have never met them and they live in another state as well)
another member of the family a aunt I believe who passed away before my wife's father..
He has already been to court and named the executor.. Everything I believe except the property (which is about to be sold) and the stocks I mentioned have already been taken care of.. Sorry of this is not much help as I have never had to deal with anything like this before..
 

curb1

Senior Member
You should spend $200 to have an attorney write a letter to the uncle. The attorney should be able to give you a thumbs up, or down for less than the $200. Your uncle cannot distribute assets improperly.

Was this in writing? You said, "We bought this vehicle with the understanding the amount would be taken out when the estate was settled up."
 

lcwolfman

Junior Member
Yes it was in writing.. I will have to get out the papers to be able to give you an accurate account of exactly what it says.. I have to attend to my kids now but will reply back with exactly what it says tonight.. thanks again for the help as we are feeling pretty overwhelmed with all of this..
 

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