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stringbetter 08-24-2010 09:37 PM

Re: Dispute over family chess set - need OOT Input
 
I think its a bluff, lawyer told them to throw some legal terms and threats at your dad.

[Phill] 08-24-2010 09:50 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by niss (Post 21122002)
Interesting thread.

Your grandmother's intentions are contained in her will. Nobody can prove that the "found" letter is your grandmother's, and even if it is, that it is a valid addendum (codicil) to the will. It is unsigned and undated. Even if legitimate, the document could pre-date her will, in which case, the will would supersede it.

IMO you would be breaching your obligations as executor if you were to give the chess set to Richard, and "Betty" is doing the same.

Your lawyer sounds like a real crackerjack.

This.

Even if you can 100% prove it is a legit letter that still doesnt make it worth anything. If there was an expectation he would have gotten the set then the will would, or should, have specifically said so.

As it stands at best Richard has won a piece of paper and something to gripe about until he dies.

snagglepuss 08-24-2010 09:53 PM

Re: Dispute over family chess set - need OOT Input
 
link richard to this thread pls

also, those bags get nothing

Joseph Hewes 08-24-2010 10:03 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by Dudd (Post 21121088)
How the hell is some undocumented letter 'found' two years after the will was executed supposed to stand up in court? No way am I giving this back, just out of general principle.

+2

ClarkNasty 08-24-2010 10:04 PM

Re: Dispute over family chess set - need OOT Input
 
Trade chess set for either her first or 2nd draft pick.

stringbetter 08-24-2010 10:06 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by Jeffmet3 (Post 21121351)

also, find out if as a trustee, you can allot the remaining $ in the trust to cover legal costs associated with Richard's possible lawsuit

Wouldn't this just encourage legal action since now Richard wouldn't have to pay for a lawyer?

Badafro 08-24-2010 10:19 PM

Re: Dispute over family chess set - need OOT Input
 
Did your dad pick the chess set just to annoy your aunt?

prohornblower 08-24-2010 10:33 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by stringbetter (Post 21123202)
I think its a bluff, lawyer told them to throw some legal terms and threats at your dad.

What kind of threats though? For all intents and purposes, OP has handled the trust legally and ethically. Which is all that can be asked of him.

Quote:

Originally Posted by Badafro (Post 21123929)
Did your dad pick the chess set just to annoy your aunt?

This is immaterial. He selected the item fair and square as per the instructions in the trust. He could have said "I'm picking the chess set just to piss you two off and I'm going ot take a crap on it then throw it off a building" and it still wouldn't matter.

IANAL - maybe it would matter lol

prohornblower 08-24-2010 10:35 PM

Re: Dispute over family chess set - need OOT Input
 
Also, can't OP ask those 2 and their lawyer to stop harassing him? This trust should not be his raison d'etre ffs. He has done his job and now he's being harassed because he won't act hastily and in an unethical manner.? WTF?

Amid Cent 08-24-2010 10:47 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by prohornblower (Post 21121730)
Respond "My attitude is that I executed the trust as intended by the documents at my disposal and my intentions are to use the remaining money in the trust to pay taxes, as has always been the case."

Don't even acknowledge this newfound "document". I mean you haven't even seen the thing.

I would at least respond to them in a timely fashion so as to present evidence of not being a douche and being fair. Undoubtedly, they are going to use whatever you respond with in their potential future lawsuit (lol). Make sure you don't say anything stupid, but come off as fair and non-confrontational.

I originally was going to say something almost exactly like this. However, I decided the simpler the better. My actual response was:

I don't think there is anything else I can do at that point that I haven't already attempted.

If they want me to elaborate, I certainly will. But at this point, I want them to know that I plan no further actions, nor did I want to throw my father under the bus on an email that was going to the lawyers.

LFS 08-24-2010 10:52 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by Amid Cent (Post 21124442)
I originally was going to say something almost exactly like this. However, I decided the simpler the better. My actual response was:

I don't think there is anything else I can do at that point that I haven't already attempted.

If they want me to elaborate, I certainly will. But at this point, I want them to know that I plan no further actions, nor did I want to throw my father under the bus on an email that was going to the lawyers.

Do Richard, Betty, or the Aunt have much more money than sense? If so, I suppose they could actually try to sue somebody just cause they're pissed, and that would suck. But if you know they're cheap (and I bet those cockbiters are), you shouldn't have to worry much about actually getting sued and can safely ignore any communications from them that aren't actual demands from attorneys.

Amid Cent 08-24-2010 10:54 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by stakman1011 (Post 21123123)
I saw the thread title and thought "Don't click on it. The people involved in the dispute are going to be jackasses and it's going to tilt you."

But my curiosity got the best of me and I read the whole thread. Hyacyaychahchahcahhachahca such ****ing life tilt I want to kick Richard and Betty in the dick and **** respectfully.

Congrats to the OP though, for being rational and not freaking out on his ******ed family members (Dad is ok in my book as well).

Thanks for the kind words. I share your sentiments about my Aunt's family. Until now, Richard had actually stayed out of this - it was his sister and mother being the douches. But the threat of a lawsuit has brought him down to their level.

It has been a very stress-filled day and I think the absuridity of it all has helped me to not go super mega tilt. (However, my wife asked me politely NOT to share any more of the story with her as it makes her want to strangle every one of them).

I agree that this pseudo document two years after the fact seems like it shouldn't bear much legal weight. I asked Betty if she explained the document to Harry. She said yes, but I'm beginning to think she didn't describe the situation fully. I have a bunch of lawyer friends I'm going to bounce this off tomorrow, and see if Richards claims have any chance of winning.

.Alex. 08-24-2010 10:58 PM

Re: Dispute over family chess set - need OOT Input
 
i would not give up the chess set without getting equal value in return and no the money already in the trust doesn't count.

prohornblower 08-24-2010 11:04 PM

Re: Dispute over family chess set - need OOT Input
 
If this lady keeps hating on you, make up your own phoney document that says this:

http://i3.photobucket.com/albums/y57/KSteel/oldman2.jpg

DonkJr 08-24-2010 11:11 PM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by niss (Post 21122002)
Interesting thread.

Your grandmother's intentions are contained in her will. Nobody can prove that the "found" letter is your grandmother's, and even if it is, that it is a valid addendum (codicil) to the will. It is unsigned and undated. Even if legitimate, the document could pre-date her will, in which case, the will would supersede it.

IMO you would be breaching your obligations as executor if you were to give the chess set to Richard, and "Betty" is doing the same.

Your lawyer sounds like a real crackerjack.

This is the correct answer.

What state is this taking place in, op?

niss 08-24-2010 11:17 PM

Re: Dispute over family chess set - need OOT Input
 
OP,

What you should do, on behalf of the estate, is contact every state's bar and market this situation as a bar exam question. You'll be able to buy Betty, Dick, and Harry their own chess sets, each with a group of live midgets as the pawns.

TomVeil 08-24-2010 11:23 PM

Re: Dispute over family chess set - need OOT Input
 
This mysterious "letter" has no bearing at all to the case. The chess set should stay with Dad. A super LOL to the "we split up stuff so now it's all invalid" argument. Unless that stuff was specifically mentioned inside the wills, it wouldn't change anything about the trust, or the chess set.

Everybody in this scenario is being ******ed, but the set is legally Dads, and this LOL hail mary doesn't change that at all.

Amid Cent 08-24-2010 11:29 PM

Re: Dispute over family chess set - need OOT Input
 
I am in California, as were my grandparents. (The lawyer is in California too). The Aunt's family lives in Oregon.

danvh 08-24-2010 11:32 PM

Re: Dispute over family chess set - need OOT Input
 
"Find" a new note from your Grandma stating her final wish was to have you slap your aunt and kick Richard in the nuts.. A couple times..

wet work 08-24-2010 11:40 PM

Re: Dispute over family chess set - need OOT Input
 
challenge R to chess, when he shows up slap some sense into him. i'm in the camp with the people thinking the aunt forged the note. who would write a note like that for a single item and not even bother to sign/date it either? doesn't pass the smell test.

vetiver 08-25-2010 01:57 AM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by Amid Cent (Post 21115852)
It probably cost about $5000 when originally purchased, but now it holds mostly sentimental value to everyone.
...
What she wants to do now is have the trust buy her brother Richard a chess set of equal value.

does not compute, and clearly puts betty in the wrong.

Your Mom 08-25-2010 02:20 AM

Re: Dispute over family chess set - need OOT Input
 
Dick gets dick. I love your dad's earth crumble into hell line, I will add using that line to my bucket list.

gvaness 08-25-2010 02:44 AM

Re: Dispute over family chess set - need OOT Input
 
Quote:

Originally Posted by wet work (Post 21125315)
challenge R to chess, when he shows up slap some sense into him. i'm in the camp with the people thinking the aunt forged the note. who would write a note like that for a single item and not even bother to sign/date it either? doesn't pass the smell test.

Sure it does.
I need to remember this. When I get old, and if my kids hate each other, making my life hell and keeping me from having decent family get togethers in my final years, no way in hell am i not writing a few questionable notes granting random high value things to random people. Hide them around in books and such to be found after stuff was given out using other means, and the plan is complete. See if I can get the little bastards to finally come to blows.

On a more serious note. I was leaning towards giving it to Richard until I saw he would accept cash. If it's not a sentimental thing, screw him, Father has full claim to it.

sockhead2 08-25-2010 03:32 AM

Re: Dispute over family chess set - need OOT Input
 
"Hey dad, I wouldn't dream of telling you to bury the hatchet with your sister, but for my sake, since I'm the executor, and I've been stuck in the middle of this for two years now and want nothing more at this point than to never have to see or speak to any of that side of the family ever again, can you please please please just do what we all know grandma had in mind to begin with and give Richard the damn chess set? I don't really care if those pricks would see it as some sort of victory over you; it would make my life, your son's life, a hell of a lot less stressful. Please consider it. Love, Unicornface."

Edit: "P.S. I will **** in a box and FedEx it to your sister the instant I find out you have given the chess set to Richard."

dw2006 08-25-2010 03:48 AM

Re: Dispute over family chess set - need OOT Input
 
If your Dad thinks that your grandparents really wanted the Chess set to go to their grandson he should give the thing to your cousin. But if he thinks this is just a ploy by them to get an extra item then I would just tell them to F off.


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