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Thread: Urgent question for lawyers or business heads

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  1. #1 Default Urgent question for lawyers or business heads 
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    Recently my wife's aunt died. Her aunt had a will drawn up by herself/her lawyer which specifies my wife as being 100% heir. Now, there are some assets involved such as insurance, house, car, etc.

    Several of these assets have balances on them such as the house and the car. My wife was advised by her aunt's lawyer who is probating the will that nothing can be done with any assets until bills are paid out of the estate, and a notice will be in the paper as well for notification of any creditors to collect.

    Here is the problem, right before my wife's aunt died she mentioned that my wife give half the insurance money, the car, and the house to one of the relatives.

    Question 1: Being that is NOT stated on the will does my wife have to do that?

    Due to that a sizable balance is due on the house, my wife wants that relative to get a loan and take up the remainder of payments, which was advised by the lawyer. Mind you the amount owed is less than half of the fair market value. The relative thinks my wife should pay the house, and the car off and give it to them. (Crazy as hell)

    Question 2: The aunt did NOT tell us about the balance on the house we found after she died, so my wife is not agreeing to pay the balance, the relative should take that as she wants the house. She is correct in doing so right?

    Now my wife agreed to pay the car off, the insurance on the house, and the taxes which is more than generous IMO. Her relative thinks she should get half the insurance money and not pay her aunts bills off such as the credit cards. She actually said "just send a death certificate and don't pay them."

    Some of the creditors that called already know of the payout, house and car as assets, so it's not like my wife can lie to them and say that no money exists in the estate.

    Question 3: If the estate has money to pay the bills off, are you obligated to pay them off? Can the creditors sue the estate as they know assets do exist, and if you lie about existing assets would this be considered fraud?

    Personally, I am not one welch on debts and neither is my wife. Her relative is a freeloader who just wants money, has a history of violence, and does not realize the bills that needed to be paid and that taxes have to paid on the insurance money as well. The authorities had to be alerted on initial discussion with this relative BTW.

    Thoughts?

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  2. #2 Default  
    so a relative is saying that the aunt gave her all these things, does the relative have anything in writing ?
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  3. #3 Default  
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    Quote Originally Posted by buzztt View Post
    so a relative is saying that the aunt gave her all these things, does the relative have anything in writing ?
    Nothing in writing, it was just something the aunt said a few days before dying. My wife has a uncontested will that her aunt's lawyer drew up well before she was ill.
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  4. #4 Default  
    im not an expert on US law but if its not in the will i dont think the relative has a leg to stand on (assuming the aunt didnt sign anything over or put anything in writing)

    what does your lawyer say ?
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  5. #5 Default  
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    The lawyer advised my wife to not give any assets out until all creditors are paid out of the estate. As for as assets are concerned everything belongs to my wife as noted on the will.
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  6. #6 Default  
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    Give the relative nothing they are not in the will let them contest it.
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  7. #7 Default  
    Quote Originally Posted by bigben View Post
    The lawyer advised my wife to not give any assets out until all creditors are paid out of the estate. As for as assets are concerned everything belongs to my wife as noted on the will.
    pay everything off and sell it all out from underneath the relative. Give them nothing.
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  8. #8 Default  
    Quote Originally Posted by DjStarscr3am View Post
    pay everything off and sell it all out from underneath the relative. Give them nothing.
    This. If there is nothing in writing, then there is no hard proof...

    Either that, or say "look. You want the house, you get the house & its associated debts. If not, walk away".
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  9. #9 Default  
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    My friends wifes father or father in law passed away a year or so ago. Becuase his wife was still alive, she was to get everything. Well the kids are still in court suing her and trying to take everything from her. The wife has a will, but they are still going at it. All the assetts he left are getting wasted on lawyers fees.

    My suggestion, whack the relative making waves.
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  10. #10 Default  
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    Quote Originally Posted by [cerberus] View Post
    My friends wifes father or father in law passed away a year or so ago. Becuase his wife was still alive, she was to get everything. Well the kids are still in court suing her and trying to take everything from her. The wife has a will, but they are still going at it. All the assetts he left are getting wasted on lawyers fees.

    My suggestion, whack the relative making waves.
    I never said this...but the thought has went oh...nvm.
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  11. #11 Default  
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    Update...things are settled. All properties have been made rent ready and rented out. I used a property management company to handle that end, not chasing after people about rent. Talks with the relative fell apart when she pushed my wife, and threatened to "burn the bitch (house) up". I called the police, DONE. My wife's relationship with the side of the family is OVER. My wife did pay off the balance left on the aunt's car about 1300, and I gave the title to the relative through her husband.

    Personally, I thought the car was even too much.

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