newbury
Super Star Member
- Joined
- Jan 8, 2009
- Messages
- 14,115
- Location
- From Vt, in Va, retiring to MS
- Tractor
- Kubota's - B7610, M4700
I have seen that happen several times in my wife's family.<snip> We never trusted the sister, she and her husband were always too busy to help out, too busy to take my MIL to appointments, etc. They never really lifted a finger and they never helped get the house cleaned up and ready to sell after the MIL went into a home (she was a hoarder so it was no easy task). They even had their kids ask my MIL for money for trips to Europe, cars, etc.
I suggested to my MIL that she consolidate her money into one investment house which she did. I also suggested that the set the account up as TOD (Transfer on Death) to the two daughters 50% 50% which she did. I had her keep about $30K out of that account separate for funeral expenses, etc. When she finally passed, my wife's sister and husband sprung into action like we never saw before. They wanted control of everything but did not know the MIL's personal advisor so I set up a meeting for the day after the funeral (we were all from out of town). The advisor went over the TOD distribution proceedings and during that meeting the sister and husband became visibly agitated. On a TOD, the money in the account bypasses probate and in this case it was owned 50% 50% the moment the MIL passed.
My god they were pissed, the husband even threatened the advisor. As it turned out they had an attorney from their home town write up a will with the sister and her husband receiving everything under the terms of the "new" will. The MIL had Alzheimer's in her final years and they had her sign the "new" Will unbeknownst to my wife and me. My wife had records of when her mom was diagnosed with Alzheimer's and it was prior to the signature. Not that it mattered because of the TOD, but it sure put a damper on their new threats to sue us. My wife had signature authority on the $30K so I had her write out the funeral home check, etc. before the sister could do anything with that account. My wife and her sister each received about $350K. My wife still has hers, the sister does not.
We have not seen them in years and likely never will.
My wife is an attorney and acted as an executor for probably half a dozen of her aunts and uncles.
Her mother is one of family of a dozen children, so there were plenty of them.
It always amazed me that there were a couple of the offspring that circled like vultures when the death of one of their aunts or uncles was imminent. But were never around when help was needed.