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Please help,not much time.

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UKcatfan

Junior Member
What is the name of your state? Kentucky
My mother was diagnosed with lung cancer two years ago.My step-dad had her living in a camper even though he made really good money and could afford just about any home they chose. She has recently fallen very ill and her doctors say she has only weeks or months to live.She has needed constant care around the clock for the past 3 months which was being done by me,my sister and my aunt. All my step-father would do is come in and complain about having no dinner on the table. Since the camper was very small and had steps up to the restroom in which my mother couldn't climb, we talked her in to staying at my aunts house. She is retired and lives alone and the house is very adequate for caring for my mother so it made very good sense. My step-father grew angry because we moved her and pretty much abandoned her. He closed their joint bank accounts and cancelled her credit and debit cards so we (me,sister,aunt) are buying her medication and whatever she may need. We recently found out that he pressured mom into refinancing the camper (about $75,000) without giving an explanation. When we called the bank to find out why her debit card wasn't working,the nice man at the bank ask how mom was doing since he hadn't talked to her in some time. I explained she didn't have much longer to live and he was shocked,he had no idea. When my step-dad refinanced the camper, he purchased insurance that would pay it off in the event one of them died and lied to the bank about her health.My mother called and cancelled the insurance**************..We also found out that anything he had in his name was transfered into his sons name. Mom recently made out a will giving what little she owns or has in her name to us. She also changed her life insurance policies making me and my sister beneficiares which before was left to him. She has also givin my sister power of attorney. Sorry about the long drawn out story but I felt it beneficial to my questions.
1.Is there anything my step-dad can do to change what she has done with her policies and will.
2.After she dies,will he be responsible for the funeral expenses?
3.He has a policy on her where he works naming him the beneficiary,anything she can do about that one?
4.Is there anything else we can do to uterly screw this guy?**************...any ideas will be appreciated. She does not want him to benefit in any way from her death.
5.Is there anything we can do about the closing of the bank accounts and refusing to help with the expenses? (don't need help with or care about the expenses,it's just the principal of it all)
Again,sorry about posting the whole story, just felt it was relevent. Any help would greatly be appreciated.What is the name of your state?
 


BelizeBreeze

Senior Member
1.Is there anything my step-dad can do to change what she has done with her policies and will.
The will yes. She can't disinherit a spouse. The rest, no.
2.After she dies,will he be responsible for the funeral expenses?
Not directly. But he'll get a surprise. Her ESTATE will be responsible. That's the 1/2 of the trailer she owns.
3.He has a policy on her where he works naming him the beneficiary,anything she can do about that one?
no
4.Is there anything else we can do to uterly screw this guy?**************...any ideas will be appreciated. She does not want him to benefit in any way from her death.
we're not here to help you 'screw' anyone.
5.Is there anything we can do about the closing of the bank accounts and refusing to help with the expenses? (don't need help with or care about the expenses,it's just the principal of it all)
Yes, when she dies file probate and ask the court to name one of you executor.
Again,sorry about posting the whole story, just felt it was relevent. Any help would greatly be appreciated.What is the name of your state?
have mom talk to a probate attorney before she gets too bad off.
 

UKcatfan

Junior Member
Thanks

Thank's for the help. Sorry for asking how to screw him, we just can't fathom why anyone would do this to his wife of 22 years. She didn't even see it coming much less the rest of us. If she were to leave him a little something in the will would it still be considerded as disinheriting him? Should she name him executor of the will or would that be a bad idea?
I will be calling a probate attorney in the morning. Again,thanks for your time.
 

anteater

Senior Member
Thank's for the help. Sorry for asking how to screw him, we just can't fathom why anyone would do this to his wife of 22 years. She didn't even see it coming much less the rest of us. If she were to leave him a little something in the will would it still be considerded as disinheriting him? Should she name him executor of the will or would that be a bad idea?
I will be calling a probate attorney in the morning. Again,thanks for your time.
Most states have statutes that protect a surviving spouse against being completely cut out, regardless of what the will states. Do not know KY, but most states allow the surviving spouse to "elect against the will" to claim a percentage of the estate value - usually 25% to 50%. When you speak to an attorney, ask about KY law.

Dont' know why she would nominate him as executor if she thinks he is a scoundrel. Just as a practical matter, the executor is allowed to charge the estate a fee for services. And that claim is usually near the top of the priority list in who gets paid from the estate assets.
 

UKcatfan

Junior Member
Talked to her today**************...

Ok, she told me the only things she put in her will was a truck that's in her name,her expensive dollhouse which she left to my daughter, and a request that says we (the children), are to make her funeral arrangements. everything else is left to him, just not sure what that consist of. This whole situation just sucks. She doesn't deserve to be going through this. What really burns me up is that my father died when I was 14 and my mother married this butthole when I was 15. My mom had collected a $100k life insurance policy from my father and he owned many things such as a backhoe,2 dumptrucks,a wrecker,a 4x4 truck,a gun collection, and many other misc. things in which my stepfather sold off. My sisters and I got nothing that belonged to my father. My stepfather has many classic cars (which he bought with the money from selling my fathers things) and he has put all of them in his son's name I guess because he is afraid we might be able to get them somehow,(not that we could). I guess I'm telling you all this to explain why I would make such a statement (as far as screwing him). I would never do that to anyone**************..he just desperately deserves it in my opinion but that would put me at his level.
I just have a couple of more questions.
1.Could she just transfer the truck thats in her name to one of us now and avoid putting it in the will?
2.From what she told me, would the will go through or will it be considered as disinheritting him?
3.Can we keep him from the funeral? My oldest sister has POA.
 

nextwife

Senior Member
Doesn't she qualify for Medicare benefits for any of her medical or nursing care? Toward Meds? Eventually for Hospice care - in home or on-site? How much research have you done about what state otr federal benefits she is entitled to recieve?

Does she have Medigap coverage?

Why would you think MOm could change beneficiary on a policy he owns through his employer?
 

anteater

Senior Member
Ok, she told me the only things she put in her will was a truck that's in her name,her expensive dollhouse which she left to my daughter, and a request that says we (the children), are to make her funeral arrangements. everything else is left to him, just not sure what that consist of. This whole situation just sucks. She doesn't deserve to be going through this. What really burns me up is that my father died when I was 14 and my mother married this butthole when I was 15. My mom had collected a $100k life insurance policy from my father and he owned many things such as a backhoe,2 dumptrucks,a wrecker,a 4x4 truck,a gun collection, and many other misc. things in which my stepfather sold off. My sisters and I got nothing that belonged to my father. My stepfather has many classic cars (which he bought with the money from selling my fathers things) and he has put all of them in his son's name I guess because he is afraid we might be able to get them somehow,(not that we could). I guess I'm telling you all this to explain why I would make such a statement (as far as screwing him). I would never do that to anyone**************..he just desperately deserves it in my opinion but that would put me at his level.
I just have a couple of more questions.
1.Could she just transfer the truck thats in her name to one of us now and avoid putting it in the will?
2.From what she told me, would the will go through or will it be considered as disinheritting him?
3.Can we keep him from the funeral? My oldest sister has POA.
Just a word of advice - take it or leave it. Your contempt for stepdad may be justified, but you are too emotionally invested in this. If your mother is comfortable with her will, then so be it. If she is not, facilitate the preparation of a new one. But, back off when it comes to the content. Your mother's assets are her's to dispose of as she wishes.
 

UKcatfan

Junior Member
Thank but no thanks

She has in home hospice care. She is in need of nothing, she is being well taken care of. My anymosity towards this scumbag has nothing to do with any of this. I am asking these questions because my mother asked me to find out. She has finally gotten tired of being screwed by this ******* and doesn't want it to happen again. So please,if you know the answers to my questions, your help would be greatly appreciated. I am only needing answers to legal questions which is what I thought this forum was for. If I needed advice for my own personal problems I would go to the "Anymosity Towards My Step-dad" forum. I apologize if I offended or upset you. I just want my mothers last few weeks or months on this planet to be somewhat stress free and do what she ask's of me without affecting her decisions. Again,I am so sorry if this offends,this is just a very emotional and stressfull situation.
 

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