Re: Dispute over family chess set - need OOT Input
 

Maybe I missed something here, but I do not see why people in this thread are calling the father a dick.

I also do not understand why op mentioned using the $8k left in the trust for anything other than taxes, when that was the stated purpose.

I do not understand how op has any say in whether the father gives the chess set away, when op has already transferred possession of the chess set to the father.

Re: Dispute over family chess set - need OOT Input
 

If I were in your shoes, I'd prob send an email to everyone involved offering this as a solution: you get the letter. You take it to one of those handwriting experts along with examples of your grandmother's verified handwriting. If the authority on the matter concludes that your grandmother DID write the letter, then the truth will act on her wishes and give the chess set to Richard, and compensate your dad the value of the set. If she didn't write the letter, your dad keeps the chess set and you look into taking your aunt to court for making up fake legal documents or trying to cheat your dad out of his property, or whatever your lawyers say she's guilty of.


Just curious, you said that your grandmother's estate got sold and the money divided up between people. I assume that your father and aunt got the lion's share of that. Compared to that, would you say that the value of the chess set is a substantial amount or relatively insignificant?

Re: Dispute over family chess set - need OOT Input
 

Because the way the story was told, it appears as if the father may have spite-taken the chess set away from his nephew and refused fairly reasonable offers for it.

Re: Dispute over family chess set - need OOT Input
 

OP, are we related? Something similar happened with my family including the mysterious appearance of a suspect undated and unsigned document. Obviously it all boils down to money. No one gives a **** about the chess set. So just leave your father alone about it, stop worrying about your aunt et al., let some time pass, and they'll all just crawl back under their rocks. You already know there's nothing you can do to fix things.

Edit - Also one last comment. Their lawyer is obviously going say whatever they want to hear because as far as he knows it's an authentic letter and as such it benefits him financially to help your Aunt and Richard pursue it to whatever extent. Just by simply using the letter to try and intimidate you into caving to their demands he can profit from all the letters that will inevitably be fired back and fourth. I think it's a pretty standard (albeit unscrupulous) legal tactic in situations like this.

Re: Dispute over family chess set - need OOT Input
 

The thing is, the authenticity of the letter is pretty irrelevant. Presuming it's real, it only matters if it was written after the date that the will they used to determine the division of the estate was. If the letter was written prior to the will it's meaningless.

I know laws can vary and I'm not a lawyer, but from my own personal experience with a similar situation if any lawsuit were to come of this the father would end up keeping the chess set every time. He is already in possession of it, obtained it in a manner agreed upon by all parties involved and over 2 years has passed without any complaints.

As far as I know, the most recent copy of the signed and dated will supersedes everything.

Re: Dispute over family chess set - need OOT Input
 

True, but to be fair I didn't say "here's what I'd do if I were a judge", I said here's what I'd do if I were the son/nephew/cousin/grandson in the situation. If the meemaw wanted the guy to have it, let him have it, just on a human level.

Re: Dispute over family chess set - need OOT Input
 

For the love of God please do not give in and give them the chess board for anything other than cash out of their pocket. If the 8k is for anything other than taxes, then I would assume that half would go to your dad and the other half your aunt, so really isn't he just getting his share of the money anyways?

I agree with your dad to keep the chess set out of spite. They had their chance and passed on it and this letter sounds like complete bs. Granted I am not on my deathbed but I don't see why anyone would write down orders for one single piece of an estate on a random hand written letter instead of putting it in the will. Your aunt is 100% making this up.

Re: Dispute over family chess set - need OOT Input
 

Is it possible to date the ink on the letter that was found 2 years later? Ask Betty if she's willing to send the letter to a lab for dating the ink and see what her response is.

Re: Dispute over family chess set - need OOT Input
 

Her response would be a typical irrational response of a woman.

"How DARE you accuse me of forgery!!!"

Re: Dispute over family chess set - need OOT Input
 

Niss owned this thread. Your lawyer is donkin it up

Make sure to send Richard a cheap 5 dollar chess set every year for christmas........for threatening lawsuit.....

Re: Dispute over family chess set - need OOT Input
 

Great thread. The thought of having to go through a similar situation with my familiy one day absolutely terrifies me. Good luck, you seem to be handling it quite well.

Re: Dispute over family chess set - need OOT Input
 

Please do this

Re: Dispute over family chess set - need OOT Input
 

+1

Re: Dispute over family chess set - need OOT Input
 

true but if she snap calls when he asks in person or over the phone it may add some clarity to the situation

man that would be epic

Re: Dispute over family chess set - need OOT Input
 

It is not your responsibility to determine the authenticity of the letter. At the time you distributed the property, the letter was not present nor was it referenced in the will or trust document. As others have said, the letter should not give Richard a valid claim to the chess set. I would consult with an attorney (using some of the money remaining in the trust) and draft a carefully worded letter detailing why the chess set will not be distributed to Richard.

I would think that there might be a problem if you use the money set aside for taxes to pay either Richard or your father unless there is some other way that the estate can afford to pay the taxes on the estate. If you use this money, are the beneficiaries then responsible for paying their own taxes? If so, this distribution would be against their best interests and they should definitely be consulted.

Re: Dispute over family chess set - need OOT Input
 

This is very possible. He knew he'd stir up a s**t storm by taking the chess set. However, he DID give Aunt two chances to take it first.


The money left in the trust is to be used for trust-related expenses. I guess technically, this could be considered an expense. Technically, I can also be sued if I "mismanage" the funds in the trust. FYI, Betty and I have to cosign any checks, so she can't really go behind my back and start giving out money without my knowledge.

I don't feel I have any say in my father's decision to keep or give it away. All I can do is explain the situation and give my opinion. Ultimately, he'll do whatever he wants. And what he wants right now is for them to go screw themselves.

Dad and Aunt each got over $200k when the assets were liquidated and divided evenly. You tell me if it's worth fighting over a 5 grand chess set?

I like this...maybe I'll do like in the Girl with the Dragon Tattoo and send him a cheap one from some random city around the world anonymously every year.

Re: Dispute over family chess set - need OOT Input
 

Is the 4k Richard/Betty offered your dad for the set out of pocket or from the trust?

Assuming it's out of pocket, which it should be I think, just ask your dad to counter offer them. He will make it a dollar figure that if he gets it he will feel like he "won" which seems to be the goal here.

Re: Dispute over family chess set - need OOT Input
 

lol, nice!

Re: Dispute over family chess set - need OOT Input
 

It's out of the Trust. So they basically are asking my dad to use his own money to pay himself for something he feels is already his.

Re: Dispute over family chess set - need OOT Input
 

Oh, well that's dumb.

Then I think the best option is to see if your dad can trade up to the china or anything else he wanted but didn't get in the draft. Lot of support for that idea ITT too.

But if he just wants to keep it, good on him as well.

Re: Dispute over family chess set - need OOT Input
 

I don't really have a problem with what your dad did, your aunt probably had it coming, and in my completely uninformed opinion his motivation to pick the chess set shouldn't really matter.
I was just wondering since in my family a group of 5 siblings who normally get along just fine went completely crazy when their mother died, and left everyone around them shaking their heads.

Re: Dispute over family chess set - need OOT Input
 

Whoever said People's Court was right!!! This **** would make a ****ing awesome episode.

Also this would make a sweet bar exam hypo.

Re: Dispute over family chess set - need OOT Input
 

Doug Llewelyn knows his ****.

Re: Dispute over family chess set - need OOT Input
 

How much did Dick get?

Seems to me like if everyone got such a windfall, you could give Dick the chessboard since I'd guess he got less then everyone and like you said everyone kind of assumed that he was getting the chessboard anyway.

Re: Dispute over family chess set - need OOT Input
 

been quoted a bunch already, but i like the way you think.

yeah, but 2 years later? if he was gonna whine about not getting a cut, that would've/should've already come up.

$200k each? GROW THE **** UP PEOPLE.