Estate Law Questions? Ask an Estate Lawyer.
I need to know if I should be worried if my family--specifically my Mother and siblings--will get a lawyer to try to get the money back from me. It seems unlikely that they would since my Father made clear that he meant for me to have it--because he wrote it to me in the form of checks--not just one check but two. And then he signed two sets of gift letters--to two separate banks--to support my home buying pre-approval process. I need to know how I can convey this to my family--legally and outside of legal terms--so they can believe my Father (not just me) since he is no longer with us to explain it to them. Because they are calling BOTH of us liars. Esp me. And now no one in my family is trusting or respecting me because of this. I am worried that if I use the money to do what my Father intended than I may put my monthly budget and credit in danger --if they DO try to come after me to get it back. Or they possibly might try to take my home?? Again this would undermine everything my Father was trying to accomplish with giving me the money. He wanted me to have some security. He wanted me to get on my feet and be in a place where people could not kick me out of my home. My other questions are concerning the fact that they have been threatening to cut me out of the Will (my Dads Trust which is now my Mothers) He had a revocable Trust. He always told me I would be taken care of and no one could touch/change it. But it seems now they are threatening that if I DO NOT do what they ask--give them back the money that they SAY I took--then they are telling me I WILL be OUT of the Will. I feel if I move out of my parents house (now my Mothers house) without giving her back this money--it is saying to them--that I agree to "THEIR" terms. Which is NOT true. I simply do not agree to what they are saying. And they need to recognize what my Father did and stop making me pay for his kindness towards one of his own children before he died. Is there some way I can get this all recognized legally without suing them or spending a lot of money legally? I am trying to just keep the peace and calm everyone down--so we can all continue to grieve my Father and go on with our lives. And I would just like my reputation back --with my family and outside my family. I want to live my life in peace and security. I hope this helps you understand my questions.
I will be away from the computer for most of the rest of today, so I will open the question for others to participate. Please do not reply to this since that will lock the
question back to me.
Thanks for your patience here Barbara .Please let me assist you today.If your father here gifted you cash or other assets while he was alive I do not see that legally they would have any claims to pursue.Your father appeared to be of sound mind as he authored letters on your behalf as well.You need not return anything gifted to your prior to his passing.As far as any will or trust here that names you as beneficiary if he deceased I do not see that they can cut you out or limit you as a beneficiary.I would consider your own lawyer in this matter to make sure you are protected.If the others are named as executor or trustee they have a fiduciary duty to you and the trust/estate to protect it and deal fairly with you.They may be removed by a judge based on your civil complaint alleging such violations.A lawyer to respond to these issues and to protect your rights overall is a good way to deal with this.Obviously the other relatives appear to not have your best interest in mind and a lawyer to deal with all of this might ease the burden on you.Again I see no basis to return anything gifted to you, it is yours to do what you want with it.A lawyer would also make sure that if you are a beneficiary of any trust or will that you get your fair share of all of this as well.I appreciate the chance to assist you today.Please let me know if you have more follow up.I know this can all be kind of overwhelming to you.A lawyer to protect your rights might ease that burden of dealing with the relatives.
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Barbara here are lawyer referral services in your state.You would be looking for an estate lawyer..
Nebraska State Bar Association Volunteer Lawyers Project Lincoln, NE Phone:(NNN) NNN-NNNN Toll free:(NNN) NNN-NNNN(In-state only) Counties Served: Statewide, except for Douglas, Sarpy, Washington
Omaha Bar Association LRS Omaha, NE Phone:(NNN) NNN-NNNN Counties Served: Douglas, Sarpy, Cass, Washington
Nebraska law allows for trustee removal here by you.
Thank you very much. Yes--he also gifted me an older SUV he had in his revocable trust as well. I am not sure how much longer the car will run properly--but it is some kind of transportation to get me from point A to Point B till I get on my feet. He also "gifted" this in the form of a sale to me when he signed over the Title and sold the car to me for a dollar. Yes--he was of sound mind and he KNEW what he was doing. Like the money he gave to me for a down payment on a house. Right now I feel as if I am on a time limit to BUY a house. As you might know it takes time to search for the right house and then inspect and close on it --IF you can actually FIND the right house for the right price....My Mother giving me this deadline to move out is not helping me. Plus I have moved all my belongings to storage--which is costing me a lot each month. The idea was for my parents to allow me to live in their home till I could find a home--so I would save money while searching. Since I moved here from another State. I had to move everything --besides my belongings--I had to transfer my health insurance, prescriptions etc...I am disabled from a TBI...So this makes the logitistics of her kicking me out at this difficult time even more puzzling to me. I am concerned about her ability to reason and consider the situation and her true care and concern for me--in light of what she is doing. It does not make sense to me that she would do this given that she knew that she agreed to helping me transition to settling into a new home and supporting me with the process --including financial and the time needed --as well as staying in their home till I found the home and was able to move in after close. I do not know if I have time to go through a legal process to get a judge to sort out all these details? For my immediate needs or the future concerns of the Will--and how I feel she is not competent to handle the Trust. I am not certain that my siblings are actually handling the aspects of the Trust--as executors, beneficiaries or possibly advising my Mother. I know her atty (the real executor) of her will --and my Fathers Will is handling THEIR estate planning. Should I be be filing a civil complaint with him? Or with the City or State?
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