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knoto55

Broken Promises - Inheritences and Stepkids

knoto55
18 years ago

When my Dad and Stepmom were alive they set up their wills so after one died, the money would go to the surviving spouse, then after the survivor died, the money would be split 50% for Dad's three sons and 50% for Mom's three kids.

They both set this up and spoke to all the children about it whenever we went to visit.

But as you all know, Wills are not ironclad. Wills can be changed. Wills can be rewritten.

All I can suggest is that if any Step-Parents are planning something like this, that they set up trusts for each child or someother way to ensure that all children get their fair and equal shares of their parent's estate.

In my situation, my two brothers and I got screwed. Here's my story -

In early 2002 they discovered Dad had Cancer. A very aggressive kind. I went to visit him a few weeks before he died. While I was there I sat with my Dad and Step-Mom. Dad spoke of their Wills and what would happen with their estate. You see Step-Mom was also terminal. She wasn't expected to live more than a year after Dad passed away. So they reminded me of what they had decided to do with their estates. Dad said all would be well.

My two brothers went down a few weeks later but Dad was really bad then. They were down there a week then Dad passed away. They didn't have a funeral, they just had Dad cremated. That's what he wanted. This was in March.

In June my Step-mom realized she could no longer live alone. You see when Dad was alive he was her caregiver. So she spoke with her eldest daughter in Cleveland and they arranged for her to move into an assisted living place.

Later that summer she moved to Cleveland. I'd speak with her about every few weeks. We were always fairly close and got along rather well. In August she had a big setback and ended up in the hospital. After that she began losing the use of her legs. Mom had COPD from smoking cigarettes. She was only 63 years of age.

I kept in touch and she let me know what was going on. I told her my problems with my health. I was being forced to retire because of my health. I didn't want to do so, but I had no choice. Anyway the holidays came and she was getting worse and worse. I spoke to her after New Years and she said hospice had begun.

Late January I get a call from my stepsister telling me that Mom had passed away. She told me how much my step-mother thought of me. I couldn't get to the funeral - it was going to be small and she was going to be cremated like Dad. I sent a Mass card - my family did the same. Some even sent checks made out to my stepsister for donations to Cleveland's hospice. As for their Will - I figured that once my stepsister had everything in order we would hear from her.

Months went by. We contacted stepsister, but stepsister wouldn't return calls. Finally my younger brother was insistent and got to talk to Step-sis. She told brother that Mom had written up a new will and that all was left to Mom's children - none would go to Dad's children.

I tried contacting her to find out more information. She wouldn't return my calls, wouldn't return my letters, wouldn't return my emails. Finally I sent an email telling her that if she didn't reply within a certain timeframe, I would contact her employer and try to get through to her that way. She didn't respond so I sent an email to her boss.

Two weeks later I receive a letter from a cleveland attorney. In it Step-sister's lawyer told me of the will - he included a copy. He also admonished me for contacting stepsis's employer and warned me to not do it again. Too late I wrote back - I had already contacted another of her managers because she did not respond to my warning.

Anyway - I found out that when Step-mom was in hospital in August that step-sis's lawyer had brought a new will to the hospital for Mom to sign. The lawyer was one of the witnesses and her doctor was the other. It was odd - I didn't think lawyers could be witnesses for their client's wills. And usually Doctor's in hospitals aren't witnesses. And when I compared signature to older signatures, they were definitely different.

To make this long story short. My Dad wanted his sons to get his share of his estate. We ended up getting nothing. Step-sis's lawyer made sure that all the money was put in trusts or payable on death accounts. So when the estate was totaled up - there was technically no money. So it was worthless for me to get my own attorney and fight this - they had all the estate's money hidden so legally there was nothing to fight over. And I don't even know if my step-mom knew enough about what was going on. I had been in touch with her all the time and she never mentioned changing the will. So I don't know if my step-sis pulled something over on her or what. All I know is we got screwed out of about $50K each. Money I could have used since I was forced to retire early.

So - for all you folks out there with stepkids - who want their estates to go to their stepkids - make sure you give them their share upon your death - or you have your attorney draw up their wills so there can be no fiddling around.

I know my Dad must be rolling over in his grave at the thought of step-sis stealing his money - the money he wanted to go to his own children. So learn for this - make sure your own kids get their rightful inheritence.

And please I don't need advice. I explored this with Lawyer's in Florida, in Ohio and in my home state. There was nothing I could do.

Live and Learn well.

Ken

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