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#5881166 - 04/19/17 03:37 PM Re: Mom and Dad's will [Re: Deadwolf]
BigBob Offline
trapper

Registered: 12/23/06
Posts: 12808
Loc: St. Louis Co, Mo
Originally Posted By: Deadwolf
Wills can be contested regardless whats in them. If real estate is involve, it has to go thru probate in Mn anyway. Best thing your parents can do ,is transfer the property they want you to have before they pass or have the 100 acres on a Transfer on Death Deed and you listed as the beneficiary on it, and file it at the court house. Upon their death,it transfers to you without doing anything and no probate.

This
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#5881301 - 04/19/17 05:44 PM Re: Mom and Dad's will [Re: pat2121]
Michigan Trappin Offline
trapper

Registered: 05/20/14
Posts: 2683
Loc: MI
Oh no, never fun. Seen when grandparents passed

Watching the process already getting ugly with one in law

Gave advise to other in law on a property with three cabins on it, there are three daughters (my wife is one). One of my sister in laws is easy going and likes things friendly. The other. Well her and her husband already screwed his family on a million dollar lake house. They are already trying to work in the cabins. Told my inlaws put it all in a trust , name the girls and specify how money for maintenance and taxes will go.

Man I do not look forward to either of them passing as the sharks are already circling
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#5881316 - 04/19/17 05:54 PM Re: Mom and Dad's will [Re: pat2121]
snowy Offline
trapper

Registered: 12/26/11
Posts: 2877
Loc: MT
So is the 100A about equal value as the farm yard and 15A??

If you don't have a will but just have one kid is it really that important to have a will if so why??

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#5881322 - 04/19/17 06:02 PM Re: Mom and Dad's will [Re: snowy]
Deadwolf Offline
trapper

Registered: 12/13/09
Posts: 542
Loc: Mn
Originally Posted By: snowy
So is the 100A about equal value as the farm yard and 15A??

If you don't have a will but just have one kid is it really that important to have a will if so why??


A Will is not necessary. A notebook and pen will accomplish the same thing after the real estate is taken care of.

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#5881337 - 04/19/17 06:14 PM Re: Mom and Dad's will [Re: pat2121]
stinkypete Offline
trapper

Registered: 04/19/10
Posts: 1502
Loc: Ohio
It is sad. Parents work there entire life to give there children each something. Then some complain. Every family got at least one. Good luck.

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#5881394 - 04/19/17 07:10 PM Re: Mom and Dad's will [Re: pat2121]
Scott Huber Offline
trapper

Registered: 04/06/08
Posts: 83
Loc: South Dakota
Not sure I agree with wills being kept secret. I have a good friend that brought his kids to the table and told them exactly how things were going to be stated in his will and if they had any issues with it, to bring it up at that time. Nobody had a problem with it. No surprises later. This is how it should be in my opinion. Then again, that is a family that looks after each other rather than just themselves.

When my parents pass, my two sisters will get an equal share of their estate and I wouldn't have it any other way. We all feel the same way. Our arguments will be based on giving, not getting because we have been raised to take care of each other.


~SH~

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#5881398 - 04/19/17 07:13 PM Re: Mom and Dad's will [Re: pat2121]
nvwrangler Offline
trapper

Registered: 09/20/13
Posts: 469
Loc: Nevada
I like my dads way of doing things. Told all of us kids" he earned it he'll enjoy it and if he planed correctly last dollar and last day would be the same day ".
He left mom taken care of and i respect that.

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#5881424 - 04/19/17 07:25 PM Re: Mom and Dad's will [Re: nvwrangler]
bblwi Offline
trapper

Registered: 12/22/06
Posts: 3413
Loc: East-Central Wisconsin
It is highly likely if not certain that both will not die at the same time so that means that a surviving spouse will inherit the assets unless they are transferred prior and thus the existing will may not be applicable when there is one spouse living instead of the couple. I am sure that the couple has determined how they feel what they want is fair and that is what both may want, but there may be needed steps to make sure that is how it goes down in real life. There could be all sorts of guardianship issues down the road as well and who will be appointed to speak on them both or either one?

Bryce

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#5881802 - 04/20/17 07:03 AM Re: Mom and Dad's will [Re: pat2121]
beeman Offline
trapper

Registered: 11/05/10
Posts: 94
Loc: Iowa
Would you feel the same if you and 2 of your sisters inherited the yard and 15 acres while another sister inherited 100 acres?

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#5881816 - 04/20/17 07:19 AM Re: Mom and Dad's will [Re: fishermann222]
Ronaround Offline
trapper

Registered: 02/04/13
Posts: 853
Loc: N.E.Ohio
Originally Posted By: fishermann222
Parents should keep silent about the will, and put in the clause "Anyone who disputes this will is entitled to nothing" My wife's Grandma put that in her will and it has proved to be a very wise addition before her passing.


wow , I love this and gonna suggest it and maybe use it myself!!

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#5881882 - 04/20/17 08:20 AM Re: Mom and Dad's will [Re: Hupurest]
Clark Offline
trapper

Registered: 12/22/06
Posts: 1252
Loc: Duluth, MN
Originally Posted By: Hupurest
death and estates are typically a disaster and bring the worst out.... it really shows peoples character and true values.

....

if anything, if I was your parents, I would take more away from them. maybe teach them one last lesson.....


Way to prove that one!

Originally Posted By: Hupurest
your sisters have zero claim or right to your parents stuff....


"Intestate succession" is the term you should look up.

Clark
_________________________
Common sense is the collection of prejudices acquired by age eighteen. -Albert Einstein

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#5881950 - 04/20/17 09:47 AM Re: Mom and Dad's will [Re: Deadwolf]
160user Offline
trapper

Registered: 01/06/07
Posts: 11071
Loc: MN
Originally Posted By: Deadwolf
Wills can be contested regardless whats in them. If real estate is involve, it has to go thru probate in Mn anyway. Best thing your parents can do ,is transfer the property they want you to have before they pass or have the 100 acres on a Transfer on Death Deed and you listed as the beneficiary on it, and file it at the court house. Upon their death,it transfers to you without doing anything and no probate. Most of all,Don't say a word about it. I was in your shoes 6 yrs ago with the wills my parents had me have a lawyer make up for them. It turned out to be a nightmare for me after my parents passed,but the Transfer on Death Deed worked out great....Greedy and paranoid sister. Once you remove the property from the value of the assets. As long as the personal property (boats,cars atvs Life insur ect)is under 50k, no probate is required. But then,it's up to you to determine the value of the personal property.


That is what I did, put a TOD on my real estate, appointed an executor and have a will. The executor has the final say on everything as stated in the will and it is signed by everyone involved.
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#5882041 - 04/20/17 11:23 AM Re: Mom and Dad's will [Re: 160user]
Deadwolf Offline
trapper

Registered: 12/13/09
Posts: 542
Loc: Mn
Originally Posted By: 160user
Originally Posted By: Deadwolf
Wills can be contested regardless whats in them. If real estate is involve, it has to go thru probate in Mn anyway. Best thing your parents can do ,is transfer the property they want you to have before they pass or have the 100 acres on a Transfer on Death Deed and you listed as the beneficiary on it, and file it at the court house. Upon their death,it transfers to you without doing anything and no probate. Most of all,Don't say a word about it. I was in your shoes 6 yrs ago with the wills my parents had me have a lawyer make up for them. It turned out to be a nightmare for me after my parents passed,but the Transfer on Death Deed worked out great....Greedy and paranoid sister. Once you remove the property from the value of the assets. As long as the personal property (boats,cars atvs Life insur ect)is under 50k, no probate is required. But then,it's up to you to determine the value of the personal property.


That is what I did, put a TOD on my real estate, appointed an executor and have a will. The executor has the final say on everything as stated in the will and it is signed by everyone involved.


Make sure you put your listed executor on all your accounts also. Otherwise that will require a judge. I was listed on all my parents accounts until my sister change that too. I would have had to go to court to get access to them. It didn't matter at the time because she had already drain them and then some.

My sister, some how had convinced Dad to revoke his will without my knowledge.I was listed as executor on both Mom and Dads wills. She didn't want to follow their wishes. I was going to follow them to the T, and she did't like that. She was trying to get the property away from us 2 boys. The TOD stopped that. She didn't know about that at the time. After Dad had passed,is when i found out we had no will. Since then, i had been doing business for my parents with nothing than a Death Cert and affidavits. My brother had decided that i should take lead to deal with the problem. In the end, my brother and i bought her out, either by voluntary means or thru forced partition. She chose the latter of the 2.


Edited by Deadwolf (04/20/17 11:24 AM)

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#5882110 - 04/20/17 01:47 PM Re: Mom and Dad's will [Re: pat2121]
danny clifton Offline
trapper

Registered: 12/23/06
Posts: 8634
Loc: williamsburg ks
I can get my own stuff. I wouldn't want my sisters being angry and possibly not wanting anything to do with me after my folks are gone.
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#5882461 - 04/20/17 08:30 PM Re: Mom and Dad's will [Re: pat2121]
the wife Offline
trapper

Registered: 08/08/15
Posts: 521
Loc: Central Mn
My opinion is that your parent's belongings should be divided how they see fit, fair and equal value are not synonymous. Besides, it's theirs, no one else's. If the land being split is a certainty, then I would consider who would make use of it, enjoy it, and/or preserve it for future generations/grandkids. I would also consider who has memories on the property.

My parents once asked me my opinion on their estate plans, and I refused to provide an answer because it's not mine, though I did add that if they felt any of it should go to certain family members I would respect that. On the other hand, my grandparents are fighting over estate planning (grandma wants to make official plans, my grandfather refuses), and grandma expects there to be a family blowout when the inevitable happens. To counter this, grandma has gifted many things to family members as she sees fit. I already have two items I would have been heartbroken to have lost to selfishness and greed, and I am grateful.
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#5882841 - 04/21/17 08:31 AM Re: Mom and Dad's will [Re: pat2121]
seniortrap Offline
trapper

Registered: 05/25/12
Posts: 2893
Loc: michigan,USA
A will can be the most contested issue in death/life!
_________________________
Vietnam--1967 46th. Const./Combat Engineers

"Chaotic action is preferable to orderly inaction."
"After the first shot, all plans go out the window!"

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#5882877 - 04/21/17 09:14 AM Re: Mom and Dad's will [Re: danny clifton]
Ronaround Offline
trapper

Registered: 02/04/13
Posts: 853
Loc: N.E.Ohio
Originally Posted By: danny clifton
I can get my own stuff. I wouldn't want my sisters being angry and possibly not wanting anything to do with me after my folks are gone.

Danny: that's all good with a good sibling and possibly you have one. Now do what you say with a Creep and see that you get nothing,and find out that you got cheated and your children loose out in the future,too.

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#5882880 - 04/21/17 09:14 AM Re: Mom and Dad's will [Re: pat2121]
Saskayote Offline
trapper

Registered: 11/21/13
Posts: 431
Loc: SK
What we have done with my mother and three sisters. With the land she still owns, which I inherit if I do not buy it first, (which is the plan), she has taken out a life insurance policy in an amount to offset the land value and even things up.

But this has to be done yesterday. These plannings have to be thought of and fixed, well before any will writing, it should not be an afterthought. The ladies generally prefer cash at any rate, than land to deal with...

Look into that, and maybe you can get all the land, depending on your situation and if this is a preemtive thing with your parents relatively young etc.

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#5882903 - 04/21/17 09:38 AM Re: Mom and Dad's will [Re: pat2121]
Boco Offline
trapper

Registered: 08/08/11
Posts: 11932
Loc: james bay frontierOnt.
Wills are contested all the time on many different grounds.Lawyers are more than happy to get their cut leaving little if any for the combatants.Once the owners are dead,if the will is contested thru lawyers,a judge will decide who gets what is left after legal fees.
Wills are like lottery winnings,you will have relatives show up that you didn't even know you had,lol.


Edited by Boco (04/21/17 09:39 AM)

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#5882914 - 04/21/17 09:56 AM Re: Mom and Dad's will [Re: pat2121]
Fur Hanger Offline
trapper

Registered: 02/24/12
Posts: 534
Loc: Michigan
This is a very interesting thread.
I personally have not had to deal with a will yet, but have seen what happens to a families when a death does occur. Both of my grandparents on both sides passed several years ago and as a result of the WILL both my mother and father have siblings that they no longer speak to.

I was just speaking to my wife about this issue a few days ago.
Here's my story.
My parents divorced when I was just a pup and remarried.
Dad had another child with his new wife. My step-sister was to be the executor of their will and had her name on everything including the checking and bank accounts.
There was a big falling out with my step-sister and father when my step-mother passed a few year's ago because large sums of money came up missing from the bank accounts.
Every since that day my father does not want to speak to her or ever see her again. She has not spoken to any of our family since. Good riddance... She is a very vindictive, blood thirsty, conniving person.
He has since wrote her off and has now put my name on everything.
I fear that that if his will is not written correctly I will be facing her in court soon after my father passes.
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