house in estate

[amberwave]

I live in a home that is to come to me by way of the estate ...which has a basement in it....I noticed that the wall in the basement has a very ...very big crack in it it's a brick wall ...well the executor told me to check with the ins ...I did and they dont cover it ...SO ...over the winter we more or less forgot about it ...NOW the crack is big it goes from where the ground level is all the way zig zaging down the wall....there are like two different type bricks used ...one type on the top and one type on the bottom .. the crack starts where the two meet...and goes down to the floor....and the wall is bowing ....IS THE ESTATE SUPPOSE TO FIX THIS ? ....there is plenty of monies in there to fix it...over 300k ...this house is in good shape ...I am now living in it takeing care of the dog ..waiting for estae to close....do I have a good reason to insits it be fixed by the estate? this is in Kansas

 

[I AM ALWAYS LIABLE]

My response:

No, the Estate is not responsible for the condition of a "gift."

If you want the gift, then you take it "with all faults." If you don't want the gift, that's your choice, and the Estate representative will sell it.

IAAL

 

[amberwave]

so what if the dang thing falls in on its self ...thats NOT the intiotion of the person who left it to me ..at all it wasnt left to me in that condition ....I dont think you OF all people know ....I wish there was another opion other than you also know as ....OSCAR ....the grouch!

 

[hollytabor]

Here's another opinion: be grateful for what you received.

I agree with IAL - if you don't like it, give it back. You received FAR MORE than most people receive from an estate.

Geesh.

 

[amberwave]

You know ....you only see a glimps of what goes on in the live's of people who post on here...and I have seen some of you be so RUDE ...in your answers to people ....this is absolutley NOT the case here...and I am very greatfull...But I thought that it is the intent of the estate to keep all assists ...safe and etc. ....so if a act of God so to speak happens ....oh well ....hope we dont get no tornadoes Toto....we will all be up a river...what good is it to leave someone something....and then ...have it not get there in the way it was intended....!!!! We have had the atty in this estate ...just p*&& everything off....hasnt file nothing ...not even the 706 ....pack up and move to another estate ...etc. now it will probally be tied up in IRS ....that could take one to two yr.s ...I cant even get ins. on this as its not in my name ....oh well ....I guess it is my problem ....spoiled brat that I am ...huh! shame on you too!

 

[I AM ALWAYS LIABLE]

My further response:

There was nothing "rude" with my initial response to you. There was nothing "incorrect" with my initial response to you.

It's unfortunate that you don't "like" my initial response to you, but you're wrong to think, or believe, that the Estate would owe you a "perfect" gift. The gift you receive is the gift you get at the time of disbursement. If you don't like or don't want the gift, then there's no law that says you have to accept it - - much like there's no law that would force the Estate to give you the "gift" in pristeen condition by "repairing" the gift.

If the Estate gave you a "gift" of one pound of dirt, it would still be your choice to accept or reject it - - but, if you do accept it, you accept it for what it is, in the condition at the time it is given to you.

It makes no difference that it "wasn't the intent" of the Testator to give you a "gift" in it's present condition. The Testator, presumably, is no longer around to make his intent known - - with the exception of the Will - - and, if the Will doesn't say that it gives you the "gift" in Blueprint condition, then you get the "gift" as it comes to you - - cracks and all.

And, just like the house, this "response" is yours to keep or reject. There's no law that says you have to accept or believe this post - - and, like the Testator and his house, I don't care one way or the other if you do or you don't.

Gee, I wish you were "another writer" and not one that was so damned emotional.

IAAL

 

[amberwave]

If you want the gift, then you take it "with all faults." If you don't want the gift, that's your choice, and the Estate representative will sell it.

ummm do you see anywhere where I said that I didn't WANT IT ...SO why would you say such a RUDE thing...? I dont see ...me saying ...oH " IAL "....What to do.... I have this house just given to me ... what do I do .... it has a crack and I dont want it.....YOU MR. ...JOY ....ASSUME....that ...NOT one word was said ...about that ...And as I posted you dont know all ....it was part of a situation ....not the whole ...

You do NOT ...know how to handled people ....and I am not ASSUME===ING ...that ...I have seen your post ...and your just plain RUDE.....so take you dirt ...and go sit on it ....! ha ha

PS:....and I wanted to not post a book ....YOU dont know all the details ...and when the home went into estate ...IT DID NOT HAVE THAT CRACK....but thanks to a slick willy atty. ....knowing the estate NEEDED a 706 field ....and here it is ...17mo's after his death{ this is MANDATORY TO BE FILED 9 MO'S AFTER DEATH...OR YOU GET BIG TIME $$$$$ TAKEING OUT OF ESTATE OF THIS SIZE }.....and being over the 675k mark ...and the money that were going to have to pay the Death tax people ...and so what if I do have it fixed and then they come back and say ...Sorry ...we need the home to pay the taxes...and I have gone and fixed that damn wall.......but oh me ....what a brat I must be to protect myself ...how selfish....DONT POST A REPLY ...YOU ONLY DIG YOU HOLE DEEPER

 

[justathought]

A) It's a gift. Take it or leave it. Are you saying to reject my grandma's piano because there's a few strings missing? Gee, I could fix them and *voila* have a piano I didn't have before.

B) In order to receive complete answers, use complete sentences and a complete story. The original post *doesn't* say the crack was after the fact. I would assume, as I suppose others did, that it was existant at the time of receipt.

C) You have only dug yourself deeper because "over the winter we more or less forgot about it". You failed to minimize your damages. So *IF* you could convince the estate to be "responsible" for it, you probably have to hire an expert at *your* expense to determine how big the crack was back then and how much of it is due to your own negligence!

D) If you don't like it, I would be more than happy to take it off of your ungrateful hands. You have been given a gift. If you don't like it DON' T ACCEPT IT!! It's that easy! No one is forcing you to accept something you don't want as-is.

 

[hollytabor]

#1. Figure out the correct usage of the English language, punctuations and sentence structure. It would make your last post much less of a headache to read.

#2. You came here for advice, "Free" Advice I might add. If you don't like the answer, go pay for your own attorney.

#3. IAL's post was not rude in the least. If you don't like his/her comments, please see suggestion #2.

 

[amberwave]

you people must be on crack ...AGAIN ...where did I say I didnt want it ...SHOW ME .....PASTE IN IN HERE........I DARE YA....!

As for my spellin ..or what ever ....didnt know this was the english Major to post here.....

Get over your selves ....ha your a joke all of you ....

And for me saying I was too busy to do anything over the winter...and getting a atty. for my self yada yada ....

I have had to deal with the death of 3 people in 6 mos. .....not to mention my own problems....and I am the executor of one of the estate ....but I ..thought ...hey why not post and get a idea if you even can....and were so tied up with finding the mess this atty. from the first estate has left us ...you have no idea.....the hell i have lived ....none ...and this is just the top of this mess....

But instead of getting a safe place to land and toss the thought in the air .....I get told ......give it back ....and I cant post things in manner that yada yada....

what a joke this place has got to be....a freakin joke ...

and you two other bobbs .....are NOT atty.'s .....I only asked a simple ? .......

I didnt ask for no lecture or moral code....belive me I know .....I only asked a damn simmple ??????????????? ISNT THAT WHAT THIS IS TO BE INTENDED FOR......FORGET ABOUT IT ....I DIDNT ASK ....GO BACK TO YOUR WERID WORLD .....YOU 3 .....are what make a say ....gee ...I should of had a V-8....what the hell did I do ......I ask you ...spell a few words wrong ...or ask a question....and you get a bunch of bulll.....how many people think like me this site is getting to be a joke !

 

[I AM ALWAYS LIABLE]

My further response:

Okay, you're correct. You can force the Estate to pay for the repairs.

Now, go away.

IAAL

 

[amberwave]

dont worry ...i think the ?'s ....are too deep for you to give a answer with out all of your DRAMA..... YOU COULDNT PAY ME TO POST HERE ...SO NOW ...POOF ....BE GONE WITH YOU TOO...!

 

[hollytabor]

I should take the higher ground and just not reply, but your post has sufficiently ticked me off.

You say you had to deal with death in the last 6 months? Well, news flash for ya sweetie: this is the Will & Probate Forum. Something tells me that most of the posters are dealing with death at this very time.

And I would venture to say a good chunk haven't been as fortunate in material acquisitions as you. You received a house? Try cleaning up an estate that has more bills and debt than assets - oh, and try and pay for a funeral and expenses out of that as well.

Count yourself as one of the fortunate ones, sweetie pie. And you're absolutely right, I'm not a lawyer - just an average person who's taken an extreme distaste to someone who looks a gift horse in the mouth.

I'm done with you now. Be gone.

 

[amberwave]

AND I SAID YOU COULDNT PAY ME !

You say you had to deal with death in the last 6 months? Well, news flash for ya sweetie: this is the Will & Probate Forum. Something tells me that most of the posters are dealing with death at this very time.

I SAID ....3....NOT ONE BUT 3.....AND ALL THREE WERE NOT THE SAME ....3 with in a yr.....I say that more than most ....and one didnt have nothing ...but he had us 4 ...at his funeral and we paid for it all...!

and as for this being the will and probate forum....wasnt that what my ? was about ...a home that is in a will....that has NOT been turned over to me....

and again ...where did I say ...that ? Yes this is that forum ....so were do you get off being Ann Landers in here....?

so who cares what you think ...I asked a question.....about a will that a home is in ....period....
I dont think you of all people should be ?ing my logic.....sweetie pie....and no ...if you will read ....some are dealing with things from long long ago.....what this forum was SUPPOSE to be about before you turned it in to the viper forum....now YOU ....BE GONE@!

 

[Seanscott]

Maybe you can force the estate to pay for a psychiatrist. I think you need one. What a pinhead.