CntryBoy777 - The Lazy A** Acres Adventures

[Latestarter]

Really sorry Fred. Though you were distant from your dad, condolences none the less. My dad passed while we were at odds, so I understand. I'm still at odds with my mother and disowned my older sister a good twenty years ago, so I'm sure I'll get nothing when the final time comes. Family... sometimes you can't live with 'em and then again, you don't want to live with 'em... I told both my parents many many times over the years that I don't give a damn about an inheritance and I still don't. Nuff about my BS... Hope things settle out for you without too much grief. Hope you'll keep with us and let us know how you're doing. You've got my #, feel free to use it if you have the need.

 

[greybeard]

Sorry to hear of you losing your dad.

Not necessarily....she had it set-up in a trust and with her holding the outright power of attorney

Lasting Powers of Attorney do not survive death of the grantor of that power. Control, at the moment of death, switches over to administrator or what is called executor of the estate. That person, is either spelled out in a will or appointed by the probate judge in the nearest circuit court. It's the executor's job to ensure the deceased's wishes are carried out and that all his bills and final expenses are paid before anything is divided according to a certified signed will.
My sister had financial power of attorney regarding some of my father's financials. The morning after my father died, sister and I went to the bank and got everything from his lock box (she was a co-signer on the box and she also went to the counter & drew about 1000 $$ out of his account to pay some of his current bills. The bank manager, later told us she could have lost her job over that withdrawal. Manager didn't know at the time, that it had happened, as only the counter girl was involved and counter girl didn't know my dad had died. Manager did know tho. The manager explained it...the moment my dad died, my sister's financial POA ceased to be valid. My other sister was named executor, and she could have made the withdrawal, but only with permission of the probate judge.

Wouldn't you inherit half of the property? Not prying, but wouldn't it be divided?

Going thru this with my brother's family right now.
Not neccessarily. There is no law that I'm aware of stipulating that property has to be divided among all children and certainly not equally. A will rarely even does that and a will is always regarded as the wishes of the deceased, and if that deceased wished to cut someone completely out, it's usually followed. Even if a will does stipulate that everything be equally divided among the heirs, it's very difficult to achieve it where real estate is concerned. Even if the will said to divide real estate equally, how do ya do that? By acreage? Market value?
The 2 are not often one and the same. That's where the estate probate judge comes in. If the wishes of the deceased can't be followed because of infighting, the judge 'can' order everything 'real' sold at market value and the proceeds split according to the will.

And, if there is a surviving spouse, Community Property laws come in to play. Pretty hard for a will to cut a living spouse out nowadays. In community property states, a surviving spouse generall gets 1/2 of everything the deceased owned and the other half divided according to the will of the deceased. (this varies according to states)

Been more hard feelings from wills, deer leases, girl/boy friends, and hunting dogs than all else combined...

 

[Pastor Dave]

You have my condolences Fred, on the passing of your Father and the state of affairs with your sister. It's no good having such dissent within families. I pray things be resolved for you.

 

[High Desert Cowboy]

Sorry to hear about your loss even though you were at odds with each other. You can’t always pick family, that’s why God gave us the ability to pick good friends. I hope it all works out for the best.

 

[CntryBoy777]

Dad didn't have a will as far as I know, so it is a wait and see issue on how all this settles out. Thanks ALL for the encouragement and I will keep ya posted on the developements.

 

[Baymule]

There is no reason for you to walk away. This is your property too. Hopefully it can be resolved and split 3 ways. In any event, it would behoove you to hang in there for awhile to try and secure you and Joyce a home. If it turns into a blood bath, you don't need the stress.

 

[Hens and Roos]

sorry to hear about your dad.

 

[Pastor Dave]

Your sister may just assume you are staying put since already living there. Once things get settled, I would try to get the deed.

 

[Bruce]

Saw this earlier but had to leave. @greybeard had some good information regarding your sister's ability to do anything legal. AFAIK if there is no will it goes to Probate Court. That takes time, apparently LOTS of time. I don't know if there are "will like" declarations that can go in a trust that take the place of a will. I would guess the probate judge will be highly dispassionate and likely allocate all assets evenly across the children.

I don't know if the fact that you have been living there and improving the property at your expense would lean things a bit in your direction. Sometimes when families work well one person can buy out the others on a property but I know that isn't something you could swing

My guess, very sadly, from what you have said is that your sister will want her share, if not the property (assuming she could buy the others out) and a sale is likely .... unless your dad had other assets worth 2X the property. If that were the case, perhaps the judge would be willing to grant the property to you and the other assets to your brother and sister.

 

[CntryBoy777]

Well, on a much happier note....my brother came down today and we had a good time going thru some old stuff of the past and relived some memories. Today has been a really good day with Gabbie too....she is starting to let us know that she needs to got out, but have caught her in time while sniffing the floor without telling us and we have caught her in time for her to be a Good girl and whisked outside. She went from 10:30pm last night to about 5:30am this morning without waking us for a trip out....it is the first time it's been longer than a couple of hours. While up in the attic today, I came across an old wig Mom had back in the 80s and still in decent shape....I brought it down and it is now Gabbies favorite toy....she has been walking around and attacking it..... I got a couple of pics of the garden today too.... the first one is of the spinach patch and the 2nd one is of the cabbage....the cold hasn't set them back very much...Joyce is using some old remee to cover them on below 30° nites. That word should have a slash above the last e....being pronounced as re-may. It is suppose to keep the plants 10° warmer than the air temp and keeps frost off of them. Anyway, that's about all for today....and I apologize for not making the usual rounds and interacting, but with training Gabbie and the goings on I have quite a bit on my mind and hope ya understand....