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Topic : 01/18 "Fighting Over the Will"

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Created on : Tuesday, November 22, 2005, 03:25:43 pm
Author : DrPhilBoard1

(Original Airdate: 11/29/05) When you imagine receiving an inheritance, you might dream that all your financial problems would be solved. But sometimes, the money is more trouble than it's worth. Eighty-four-year-old Aileen inherited a 2,000-acre farm after her husband died. But is her granddaughter, Amber, jumping the gun by wanting her mother's name on the title now? Then, Tracy says her 19-year-old son, Mark, changed when he came into a large inheritance this year after his dad passed away. She says the money wasn't what changed her son, but his long-lost friend, Brandon. Talk about the show here.

 

Find out what happened on the show.

 

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November 30, 2005, 8:57 am PST

I can't understand these people

The chorus of Burt Bacharach song “What the world needs now, is love sweet love” comes to mind as I sit here and think about things that has happened to me through out my life. 

  

I’ve had a good life, however, a troubled road with obstacles always in my way.   I was overcome with grief when my brother died of a drug overdose in 1999.  Not that I didn’t expect it to happen, but how it turned out.  People looked down on him because of his drug use.  Although, ignoring the fact that he wasn’t hurting anyone besides himself. 

  

After his death, I began looking at people in a different light.  It was almost a need to confirm that all seen evilness, like drugs, smoking and drinking, is not the greatest evilness of all.    It took me 32 years to come to the resolution that every day people who claim themselves virtuous in every way can, in fact , be worse than the homeless on the street or a drug addict looking for his next fix. 

  

For example, I have a recent experience with wills and the greediness that instills our souls when someone is nearing death.  In fact, it happened to my father who has looked after my grandmother for over 20 years.   My father is 69 years old and in the 32 years that I have known him, he’s never said a bad word about anyone.  He’s overcome a lot of obstacles and one being my brother’s death and his pursuit to help him find his way.   

  

He cultivated my grandmother’s land, fought legally for what was rightfully her land, as well, took her meals to her each and every day.  He’s a good man with a heart of gold.   In turn, he was promised her land once she dies.  He lives about 300 feet from her and the land under his house, shed and parking belongs to her.  

  

The past two years, my parents have been unable to stay in their home due to Road Salt contamination and have been living with my brother or myself, or at a local motel in their hometown.  It’s a hefty lawsuit which is a whole other story.     

  

This year, they decided to continue living in their home and decided to dig a well into the woods, which is also my grandmother’s land. Interestingly enough, my grandmother has been in a nursing home under the care of my aunt in Oakville Ontario.  Over 1200 miles where her home is and her son!   

 

They decided to take a trip to her hometown after my grandmother was gravely ill and made a miraculous recovery (she’s 101).   During this trip, my grandmother let it be known that she was giving land and home to my aunt and there was no discussion about it.  My father felt rejected and humiliated.  Not because of the land, but because of the rejection and deception.  My mother claims that she often sees him thinking very hard and knows that the hurt runs much deeper than the land.   

  

Now, one can look at this situation in one of two ways; the ultimate deception of my grandmother or ultimate greed of my Aunt.   Actually one can summarize that it can be both.    But I question this as I see my father so upset. Why are our actions geared towards money, land or material items rather than the power family togetherness? 

Here is my Aunt; a faithful church attendee who hosts bible readings at her home who is ultimately choosing material things over family values.  Here is my grandmother, who has promised something to my father who would continue to cultivate the land and keep it as his own, rejecting him for God knows why. 

  

I ask you, is the druggie on the street worse than this individual?  Is the homeless guy we refuse to give money to less virtuous?  I should say not.  The druggies are supporting a habit that is awful, despicable and evil enough to rule their whole existence!    The homeless guy is a person with a lack of confidence to make it in life who needs someone to help him find his way should he choose that route. 

  

By my aunt, the church going, live by the bible person who is respected and honored for her good will and virtuous persona.  But her actions towards her family; her secret life is never seen.  Why does everyone look at her with blind eyes?   

  

I ask you now.  Where is the love that God wants us to feel?  Where is the hope that family will always stand behind us?  Why does God allow greed to overpower our sense of togetherness in the meantime we reject those less unfortunate.  Where is it written that a person who has lost their way is less virtuous than those who attend church weekly but deceives others because of their greed? 

  

I want to understand this phenomenon for things over family. 

  

 I was in Vancouver the other day.  It has to be the capital of Canada for druggies and homeless people as the streets were swarmed with them after 11 o’clock.   An older gentleman wanted me to buy a small pencil drawing of some killer whales because he was so hungry.  I immediately said no as I knew where the money was going.  However, I told him to wait and raced over to the 7 eleven on Robson and bought that man a hot dog and milk.  I returned and he thanked me but informed me that I couldn’t receive his picture, and I responded that I didn’t want it.  He returned about three hours later, only to ask me again about buying the picture.   He was so stoned, I reminded him that I gave him food a while ago, but he didn’t remember.  I told him that I know that God is watching over him and he’ll remember me in time.  I left him and wished him luck.    This does not make me virtuous in anyway, however, I felt so good to love my fellow man. 

  

What the world needs now is definitely love, sweet love.   

 
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November 30, 2005, 9:02 am PST

Horror Story

Quote From: bzbluiii

I'm sorry for your situation.  My husband has a very similar story.  He is the only of his mother's children who did not cause her grief; he always showed his love for her and would do anything for his mom, but some one convinced her that he would not be fair when it came time to divide her property and she had him removed as executor.  Funny thing is, my husband wanted nothing from the estate and would have let his sisters have it all.  It makes no sense that the ones who do all the right things, show their love, do all they can do to help, they are the ones who are treated unfairly.  It really is hurtful; maybe knowing that you are not the only one going thru this will help your pain.

I'm sorry that your husband had to go through circumstances similar to mine.  I wouldn't wish that on anyone.  I appreciate your sharing his story and for your kind words. 

  

Thank you! 

 

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November 30, 2005, 9:02 am PST

11/29 "Fighting Over the Will"

Quote From: mooses

Dr. Phil, 

  

You missed two very important points today.   

  

#1  Aileen, her husband, Aileen's daughter and granddaughter had an understanding that if he passed away first, Aileen would put the land in Aileen and her daughter's name.  Aileen has refused to do that in any form.  Aileen could establish a trust that would protect her and possibly put her daughter in a better position tax wise.  Aileen has showed the nation that she did not honor her husband's wishes or her own commitment to her daughter. 

  

#2  Aileen made a Power of Attorney, but refused to show it to her daughter.  Why?  What did she have to hide?  The daughter did not care who had the power of attorney, she just wanted to make sure that one was in place.  Often, when people won't show you documents, it is because they don't have them.  Dr. Phil, when you asked Aileen why she didn't show her daughter the Power of Attorney, she said that the attorney said that she didn't have to.  The real answer is Aileen did not want to, she was being ornery.  Dr. Phil, you allowed Aileen to put the responsibility on the lawyer.  If Aileen was trying to get along, she would have gladly showed it to her daughter without having to be asked.  What a slap in the face that she would show it to you, Dr. Phil, and not her own daughter!  More orneryiness! 

  

Aileen has showed herself to be someone who can't be trusted.  She does not honor her husband's wishes or her own commitments.  She purposely hides information for no good reason knowing that it will hurt her daughter's feelings and foster a lack of trust.  All of this could have been avoided if Aileen had simply established a trust and shown her daughter a copy of the Power of Attorney. 

  

Aileen's daughter and granddaughter don't trust her with good reason.  Aileen has destroyed their respect for her.  Aileen's daughter is smart to ask that she have a Power of Attorney.  She needs to go one step further and ask that she not be made the executor.  What a headache that will be!  Pay someone to do that.  It will be worth every penny. 

  

Dr. Phil, I'm surprised that you let that little old lady sucker you!  Aileen's daughter and granddaughter don't want to pay anymore taxes they have to and want a smooth transition when the time comes.  That is not unreasonable.  Aileen doesn't care about that and refuses to establish a trust, purposely causing hard feelings.  Aileen's daughter and granddaughter described her as controlling.  Aileen is in control and has no consideration for anyone but herself.  This is probably her normal for her, but now that the husband is gone and not able to moderate her behavior, the intensity of her controlling, selfish behavior has increased. 

  

Dr. Phil, please rethink this show and your responses.  Give the daughter and granddaughter the support they deserve.  Tell Aileen to show her love for her family by drawing up a trust.  Stop doing things calculated to hurt feeling and to show that Aileen is in control.  Aileen can be in control and loving!  Challenge her to that.  

  

Dr. Phil, thanks for listening. 

  

Mooses 

I think you missed the most important point of all.  The property belongs to Aileen.  She owned half of it in her own right and recieved her husband's half when he died.  If her husband actually wanted to leave his half interest to his wife and daughter jointly, he could have done so. He didn't. 

  

Aileen has absolutely no obligation to leave anything at all to her daughter.  If my daughter and granddaughter were saying that I was a bitch and that they detested me, my estate would be left to benefit some worthy causes and they wouldn't get a sniff of my money. 

 
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November 30, 2005, 9:09 am PST

I'll say it again

Quote From: scooty

How much did the son get??? It seems as tho he might be a lil slow. If that is the case I can 

understand his mother wanting to control the money. I think she should have put it in a trust and 

let him get a set amt out every month. They didn't say if the mom wkd, or if she had remarried, or 

what her financial security was, seemed as tho the marrige wasn't the best, since the ex-husband 

left her nothing.I know he didn't have to, but with her struggling, and her being the mother of their 

child, it has been known to happen. I think the other boy did influence Mark, he was seen driving the car and Mark was the passenger. I don't remember where they lived. And it just shows you that 

he went to a city that didn't accept him in college, What was that all abt??? 

I know money, any amount can give you more friends than you need, or leave you with Nothing. 

In my humble opinion, this mom just needs to but out.  Considering her ex-husband was in the military and she, from what I could gather, has not remarried, she was most likely getting a maintenance payment each month while he was alive to take care of her and her son's needs and living expenses.  That, of course, stopped when he passed away.  At that point she is not entitled to anything more.  I am sure the ex-husband felt that upon his death his son could use the inheritance to get started in life - investing, college, a home, etc.  Unfortunately, he did not seek out professional advice on how to set up a trust for his son in order to make sure these things took place.  At that point, upon the father's death, she had no right to do anything with the money unless he agreed to it.  Just as she does not have the right now - legally or otherwise.  It is not hers to make decisions on! 

But anyway, this young man is not responsible for anything his parents have done or will do; he was just born into a family where the marriage did not work out.  All of the 'red flags' were present during the pre-show interviews as well as on stage.  She had a beautiful home with nice things, was dressed nicely, etc.  It did not look like she was 'struggling' at all.  She didn't even pay for her own divorce which means she probably didn't work a day in her life and is accustomed to being taken care of.  She stated that they could never pay the grandparents back for what they did for them, i.e., taking the son on cruises, etc.  But speaking as a grandparent, you do these things out of love not because you want to be paid back and it is insulting of the mother to say that they should take some of the young man's inheritance to attempt to do so.  As far as the other mom and his best friend are concerned, it is the young man's business with whom he wishes to spend his time and who he wants to speak with in confidence.  I gathered from the show that they had parted ways during the best friend's 'drug day's and that this young man invited him back into his life once he was clean and sober.  That sounds like some pretty good decision making to me - he didn't follow his friend into the drug scene, now did he?  He waited til he was back on his feet and then offered to be his friend again.  Now that's someone I think we all could use in our lives - a forgiving, caring friend!  I do not see anything wrong with what these folks have done, it seems to me that they are trying to help him to grow up a little bit.   

And as far as the car goes, what is the big deal?  I'm sure the Dr. Phil producers had him drive it to show that this is what happened - maybe the young man just likes to be chauffered around!  So what!  So they went on a trip without the mom, big deal my kids went on lots of trips without me when they were 19-20 and I didn't cry about it or not answer my phone for three days.  On the other hand, they called me each day and let us know that they were OK and having fun!   

What it comes down to plain and simple is it's his money, his car, and everyone should let him do with his 'stuff' as he pleases.  If he spends it all, oh well.  He doesn't seem too slow to me, just very sheltered by a mom who may have other motives other than just taking care of her son.  He just needs to grow up and learn what life is all about and that includes making mistakes - financial ones, trust ones, love ones, and just plain life ones.  We are all human and this mom needs to let her son grow up and maybe she will be surprised at how well he does and how well he will treat her if she backs off! 

Again, just my opinion! - Jusnanale28 

 

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November 30, 2005, 9:10 am PST

11/29 "Fighting Over the Will"

Quote From: judyblue22

Here in Canada if you do not have proof of power of attorney you can do absolutely nothing.  

  

That isn't true.  If a person becomes unable to look after their affairs in Canada and they didn't make an enduring Power of Attorney before they lost capacity, an application can be made to have a trustee appointed by the court to look after their affairs. I recommend to people to have an EPOA because the other procedure is costly and can be divisive for a family if there is a competition over who is appointed, not because it would be impossible to do it otherwise.  

  

Lots of lawyers, myself included, will hold onto the EPOA for an elderly person and take instructions from our client in advance regarding when we can release it to the attorney.  An EPOA only gives the attorney power to make financial decisions for the elderly person and those decisions are usually not emergencies that can't wait for business hours.  The reason I prefer that an EPOA stays in my office until it is needed is because people lose things AND because the document is very powerful and can be misused. 

  

BTW, probate fees are 5 to 7 of the value of the estate in Saskatchewan. 

sorry-the percent sign didn't make it-the probabte fees are 5 to percent.
 
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November 30, 2005, 10:04 am PST

11/29 "Fighting Over the Will"

Quote From: mooses

Dr. Phil, 

  

You missed two very important points today.   

  

#1  Aileen, her husband, Aileen's daughter and granddaughter had an understanding that if he passed away first, Aileen would put the land in Aileen and her daughter's name.  Aileen has refused to do that in any form.  Aileen could establish a trust that would protect her and possibly put her daughter in a better position tax wise.  Aileen has showed the nation that she did not honor her husband's wishes or her own commitment to her daughter. 

  

#2  Aileen made a Power of Attorney, but refused to show it to her daughter.  Why?  What did she have to hide?  The daughter did not care who had the power of attorney, she just wanted to make sure that one was in place.  Often, when people won't show you documents, it is because they don't have them.  Dr. Phil, when you asked Aileen why she didn't show her daughter the Power of Attorney, she said that the attorney said that she didn't have to.  The real answer is Aileen did not want to, she was being ornery.  Dr. Phil, you allowed Aileen to put the responsibility on the lawyer.  If Aileen was trying to get along, she would have gladly showed it to her daughter without having to be asked.  What a slap in the face that she would show it to you, Dr. Phil, and not her own daughter!  More orneryiness! 

  

Aileen has showed herself to be someone who can't be trusted.  She does not honor her husband's wishes or her own commitments.  She purposely hides information for no good reason knowing that it will hurt her daughter's feelings and foster a lack of trust.  All of this could have been avoided if Aileen had simply established a trust and shown her daughter a copy of the Power of Attorney. 

  

Aileen's daughter and granddaughter don't trust her with good reason.  Aileen has destroyed their respect for her.  Aileen's daughter is smart to ask that she have a Power of Attorney.  She needs to go one step further and ask that she not be made the executor.  What a headache that will be!  Pay someone to do that.  It will be worth every penny. 

  

Dr. Phil, I'm surprised that you let that little old lady sucker you!  Aileen's daughter and granddaughter don't want to pay anymore taxes they have to and want a smooth transition when the time comes.  That is not unreasonable.  Aileen doesn't care about that and refuses to establish a trust, purposely causing hard feelings.  Aileen's daughter and granddaughter described her as controlling.  Aileen is in control and has no consideration for anyone but herself.  This is probably her normal for her, but now that the husband is gone and not able to moderate her behavior, the intensity of her controlling, selfish behavior has increased. 

  

Dr. Phil, please rethink this show and your responses.  Give the daughter and granddaughter the support they deserve.  Tell Aileen to show her love for her family by drawing up a trust.  Stop doing things calculated to hurt feeling and to show that Aileen is in control.  Aileen can be in control and loving!  Challenge her to that.  

  

Dr. Phil, thanks for listening. 

  

Mooses 

You sound like you are either a friend of the daughter, or granddaughter, or one of them because I really don't know how you came up with that conclusion.   

  

One of my grandmothers was one of the best people I knew.  The other one was a whole different story.  She was not a very loving person.  In fact she was a very mean person.  I was afraid of her.  She also had a lot of money.  I had to be around her growing up because she would come to family functions, but when I was old enough I chose to stay away from her because of her mean disposition.  I didn't care how much money she had.  Aileen's daughter can chosse not to be associated with her mother, as well as the granddaughter.  They said on TV they thought she was very controlling and mean and they didn't even like her.  They are grown women they can choose not to be controlled or even put up with her so-called attitude.  So why do they choose to put up with her.  I have one conclusion GREED! 

 

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November 30, 2005, 10:07 am PST

11/29 "Fighting Over the Will"

Quote From: realtorpjm

My Mother is 88 yrs old and this past year she lost her 3rd husband.  Prior to that she had a will that she said divided her estate between the four children.  After his death she and one of my sisters went to an attorney and she remade her will supposedly doing the same as previously.  She made her next to the oldest daughter her POA and has given her the right to sign on all bank accounts and in general complete control of her affairs.  I have been told by a reliable source that she also place a large sum of money in this daughters name only. When I asked Mother about this she did not deny it.  I asked Mother to allow me to read her will and see how things were set up because I wanted to skip a generation in my case, and allow any inheritance to go to my children.  My sister told my Mother that I had no right to see this information and she did not have to show it to me.  Her last husband also left her a large sum of money which they did not want me to know about.  I am a financial planner and could have been a great help to Mother, but this one sister seems to have a conspiracy against me knowing or giving my Mother any advice.  And she has successfully caused my oldest sister and younger brother to think I am a trouble maker.  It is true that I live two and half hours away but you don't have to be in the same town to help in these areas.  On the other hand, my Mother in law has entrusted me completely with her affairs and I have saved her thousands of dollars and my husband and his sister never question my advice.  I would welcome an unbiased opinion in this situation.

It sounds like your mother trusts your older sister completely and has prepared a will and EPOA empowering your sister to look after her financial affairs. That is a relationship that should be respected unless there is a reason not to respect it. You may think your mother should have chosen you to be her representative, but she hasn't.  My unbiased opinion is that you should back off and let your sister continue in the role your mother gave her. Let her know that you would be happy to help with your financial expertise and leave it at that. 

  

 I don't think that there is a conspiracy but, frankly, the questions you are asking are the kinds of questions a troublemaker asks.  I am not saying that you are one, but I would be worried about it if a family member I hadn't appointed to look after tmy affairs was asking those questions.  It is unfortunate that there is such an unpleasant feeling in your family when your poor mother has done everything properly.  If you want to fix it, try letting everyone know that you were just wanting to help and that you aren't looking to cause trouble.  Then leave it alone unless you are asked for advice. 

  

With respect to not wanting to be a beneficiary, you can certainly tell your mother that you would prefer her to make a gift to your children instead of you but she is completely entitled to leave her property to anyone in any fashion she wants.  

 
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November 30, 2005, 10:36 am PST

ridiculous!

I didn't get to see the entire show yesterday, but was floored by the woman who was suing for control of her 19-year-old's inheritance.  She claimed to be looking out for his best interests, yet expected him to bail her out of her financial troubles.  If she is really the caring mom she claims to be, she would offer to find him a financial advisor to help evaluate his options for saving, spending control, investments, etc.  Instead she wanted HIM to pay for a lawyer for her divorce, assumably from his father who recently died.  This is inexcusable!  I saw no indication that the kid was impaired, other than having this albatross of a mom around his neck dragging him under.  I don't know what bank or court would have allowed her to take control of the money, but it seems to me that he has a case against her for fraud and theft!  She was completely mercenary and did not allow for the fact that he is legally an adult and it was his money, regardless of who "influenced" him.  I hope this guy gets control of his money and remains living in a different state from this controlling, greedy witch.  P.S.:  The people he is now living with seem completely benign and even supportive.  I don't believe he is being taken advantage of in this home.
 
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November 30, 2005, 11:21 am PST

taking mother's land

 I was appalled yesterday watching the mother/daughter tag team trying to get the older woman's land. It appeared to me that the daughter, Amber, was behind the whole thing.  The way she treats and talks about her grandmother is horrible.  I wanted to jump through the tv and slap her silly.  She looks mean.  I do believe the grandmother can give as good as she gets but I don't think those two tag team witches are easy to get along with.  If I was the owner of all the property I would cut the daughter out of the will and leave it to a place that would keep it the way it is and take care of it.  The granddaughter, Amber, wants to use it for development.  That was said yesterday.  Also, the mother, said she detests her mother.  I can't imagine anything like that. My mother passed away in 1990 and every day I still miss her and I would never think of saying anything like that.  I wish the older woman would cut them out of her will altogether and find someone else to help her.  These two witches ( and I am being nice) are going to take everything if they get their hands on it.   

  

Welfare, excuse me, get a job; I don't believe that they let the daughter (not Amber) go hungry or want for anything.  I just think they want to get the land and any money and have the woman committed.  I honestly believe that if they get the opportunity they will take everything from that woman and she will be left out in the cold. 

  

I think Amber needs to get on with her life. Her grandmother can only run her life if she mooches off of her and tries to get things from her and I think that is what is behind this. I also believe she is jealous because her grandmother is spry and can afford to go to Arizona for six months. They are afraid she may meet someone nice and cut them out of everything.  Anyway, that is what I would do. 

  

Thank you for listening. 

 
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November 30, 2005, 11:28 am PST

"Raspberries" to the daughters

Aileen, you go granny! Do anything you darn well please with your money and whatever years you have left. Go on a world cruise, african safari, heck if you want to dance naked in the middle of the town square on a Sunday morning, I'll gladly pay your bail :-) Enjoy yourself, you've earned it. 

  

Thank you for being you, you reminded me so much of my own grammy I could feel her hand on my shoulder. Thanks for a bright moment in my day........ 

 
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