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MissGov

Guest
My brother has terminal cancer and has been told he doesn't have much longer to live. He owns a home with the woman he has lived with for almost 17 years and it will go to her on his death. All of his assets have been transferred to her. They are not married and she has made it clear that even though he has supported her for all these years, she is only "his significant other" and therefore, not responsible for his burial expenses. Therefore, his next of kin would be his 80 year old parents who have very limited resources. Is there any such thing in Ohio as fraudulent transfer of assets and who is responsible for his funeral? Also, what will become of his debts? This is causing extreme pain and grief at a time that we are already suffering. He has been on pain medication such as morphine and dialaudin. Could this be used as a way to contest his will in order to force this "person" to pay his burial expenses? Please Help!!
 


A

advisor10

Guest
(01-17-2001)

Please answer the following questions to give a more complete view of your situation.

(1) What would be the approximate value of your brother's estate? What would the estate consist of besides the house--are there savings accounts, insurance policies, stock?

(2) Does he have a will (that has been drawn up by an attorney) and officially shows his signature as well as the signatures of witnesses? Is his unmarried partner specifically mentioned in the will to receive his assets or are you saying she somehow acquired a power of attorney to get control of his assets that way?

If she has been officially designated as a beneficiary in the will, then she is in a very strong position, but it is actually the ESTATE EXECUTOR who will be responsible for paying his funeral expenses and debts, so you really need to find out who the executor will be--if you don't know who it is, then don't be afraid to ask your brother, as this is VITALLY IMPORTANT INFORMATION and it is better to know ahead of time than not being able to find out after he is dead!

Are you saying that he lives in Ohio?

It seems somewhat cheeky for the unmarried partner to try to palm off the burial expenses on somewhat else, but in her defense, is it possible that his medical expenses have eaten up most of his estate so that there is very little funds left to where she might fear she is not in a position to be able to pay them? A funeral could cost anywhere from $1,000 to $5,000, but part of this expense might be covered by burial insurance or life insurance if he has any.

The drugs might be a good defense to lay a claim or challenge to undue influence, but there is a little bit more proof required.

SINCERELY,

[email protected]
 
A

advisor10

Guest
(01-19-2001)


In my last response, I forgot to mention something else to you:

Is there any time when your brother is lucid and clear-headed enough to be able to carry on a normal conversation when he is not under the influence of drugs? Can he understand when someone is speaking to him?

The main thing you need to do is to have you or someone else who is sympathetic to your side of the family to ask him what his final wishes are in regards to the burial and funeral expenses. Don't be fearful of bring up this subject--it must be addressed in order to avoid further complications down the line. He should at least be able to tell you the name of the funeral home he wants, how it will be paid for, where the will is being kept, and who will be in charge of administering it (the name of the executor). Be sure to mention that you are not trying to be greedy or find out what his personal affairs are, but that you are just trying to make certain that things will be handled the way he wants them to be handled, since he can't be consulted about any problems after he is dead. His plans should at least be written down somewhere so there can be no dispute.

The main object is to have one person or more than one person in the family who knows what the final wishes are, so that the unmarried partner will not gain unfair advantage by being secretive about these plans (if she ends up being the only one who knows anything). After things have been discussed and the final plans are known, this just might be beneficial in even giving the unmarried partner a certain peace of mind in knowing that she will not have to be the one responsible for the funeral expenses.

You shouldn't try to contest the will unless there are enough assets in the estate where it would be financially beneficial to do so--it is somewhat difficult but not impossible if you have reasonable verifiable evidence.

SINCERELY,

[email protected]
 

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