Message Emote
|
November 29, 2005, 8:38 am PST
11/29 "Fighting Over the Will"
Quote From: bajagalMy Mom passed away 13 years ago, and my Stepdad passed away 3 years ago. There are 4 children, I am the oldest, then my sister, brother, and youngest sister, who is the daughter of this union, my Mom was divorced when I was 4, my sister was 2, and my Mom was still pregnant with my brother. Our lives have not been easy, but we had plenty to eat, were clothed, my Mom worked a good job, etc. My Mom met , dated, and married my Stepdad who was a wonderful man, I loved him dearly. Of course we had our problems, fights, and so on like families do, my little sister was born, and all was well.  
 
To make a long story short, when my Dad passed away, he put in his will for all of us kids to be treated "equally" and we were to divide up the household goods any way we saw fit. My middle sister chose not to participate in cleaning out our family home, so myself, my brother, and youngest sister did the task, and it took us 4 days to go through "stuff", it was sad, and happy at the same time, just thinking of the good times, and why my parents kept so much stuff to begin with! We laughed, we cried, it was ok. 
 
Well, my middle sister has not spoken to us much since Dad died, she thinks she got "screwed over" because she did not get much in personal items, she did get her share of money, but she refused to participate in any family holidays, and I am just sick about it. It is only the 4 of us left, and I am so upset by the fact that she refuses to see us or talk to us. My Dad had a classic car, he did not put it into the will, I did not want the car, my younger sister thought my brother should have it, since that is what he and my Dad had in common together, and worked on the car together. My middle sister decided all of the sudden she wants it, maybe to sell it. We told her if she wants it, she can get it, but it stays in the family. How can I get the family back together, and put all of this other stuff behind us??  My middle sister decided all of the sudden she wants it, maybe to sell it. We told her if she wants it, she can get it, but it stays in the family.
See, that is just what you can't do. If your sister inherits something, you can't decide that she can't sell it. If your brother wants the car, he should buy it from the estate for fair market value. Then that money (with any other money that is left after paying debts) gets divided between all 4.
Your sister who didn't share in the household items also has a legitimate complaint on that issue.
If you and two siblings spent 4 days cleaning out the house and getting it ready for sale, the estate can pay you wages for that, but it doesn't entitle you three to share all of the personal effects of the deceased. The household effects of the deceased are not a free for all to whoever gets there first. They should be distributed in an equitable fashion and if there is a dispute, the best answer is to have the children buy the things they want from the estate for fair market value and sell the rest. Dividing money is easy and it is easy to make fairness apparent.
The reason your family is falling apart is because the rules were ignored. If people feel that they were treated unfairly, that can cause family feuds. A rule I tell executors is that it isn't enough to be fair, you have to be open and apparent about trying to be fair. Always for agreement from all of the beneficiaries before anything is distributed.
|