Dear house,
Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:
1. What is the amount of the estate share you believe you wife would have been entitled to if not disinherited? (i.e. how much is at stake?)
2. What does the bank have to do with this? (Is it not a fight between potential beneficiary and executor of the estate?)
3. When you say a signature was not received, do you mean that there was a subsequent codicil made to the will and you are saying that it was not properly executed under the laws of Missouri?
I look forward to getting to work on this for you. Hang in there!
Sincerely,
S. Joy, Legal Expert
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A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
Hi Stephanie ... thanks for the reply.
I'm not much of a legal person so I'll try to explain best I can ... and I just noticed the money is in a trust. I guess that makes a difference?
1. The trust was worth $147,000 in 1981. I'm not sure what it is worth now. My wife is one of 8 "respondents." I'm not sure if they each have an equal share of the total estate or not. That info doesn't appear to be in the documents we've been given.
2. The Bank of America is the Trustee. In the introduction on the legal documents I have it says her grandmother had the right to amend the agreement provided the Trustee consented to, signed and acknowledged the amendment. That didn't happen before she died and so I guess now they are trying to figure out whether to acknowledge it or not.
3. The document says "after the death, Bank of America was presented with a purported amendment to the Original Trust Agreement. It appears Louse signed the amendment. The Trustee was not asked to consent to or sign nor did it consent to or sign the amendment."
I'm not sure how much that helps.
Hi house,
Wow, $147k back in 1981 - I would imagine it is worth quite a fortune. I probably would not consent to $9k, but that is just me.
First, I would insist on seeing the purported amendment, that was never fully executed as per the apparent requirements under the trust itself (that "the Trustee consented to, signed and acknowledged" it). Who presented it, when did grandma die, how much later was this "amendment" present to the Bank and is it grandma's signature? (Could be forged, happens all the time. I would hire a reputable handwriting expert. If so, who prepared it, was it someone with undue influence? Was grandma of sound mind when it was signed? So man questions.
Even if the above was legit, I would still argue of course that it is tough luck - the proper execution to effectuate the amendment did not take place. (Were those requirements of banks consent, signature, etc., actually the rules of the language of the trust itself?)
There is no way to know the outcome here, but I think you have a decent enough chance that I would never roll over, unless for some reason you think you ethically should. (For instance, if your wife feels that she screwed Grandma years ago and deserves to be disinherited, and can't live with herself if she accepts this money, etc. etc.) A $9k settlment offer is ridiculously small possibly - but you need to know the gross amount AND know if your wife would potentially be entitled to 1/8. Let's say the assets are now $2 million (probably not that high, but you never know, particularly if grandma kept putting money into it for another 25 years) - your wife could feasibly be entitled to $250k.
You are going to need a Missouri attorney however, as a CT attorney is not licensed to practice in a Missouri court, unless, of course, he is also a licensed Missouri attorney!
Keep in mind too, that just because you may not want to settle for $9k to walk away, you could always make a counter offer. However, I would make it clear that you will not discuss settlement until you know what you are entitled to under the Trust as it now stands, with todays dollars and the current value. Otherwise, you have no way of knowing whether it is a decent settlement. Let's say it was gross $2million that would be split 8 ways - $250k in a perfect world, to your wife. If your case looks questionable AFTER review by an experienced estate attorney in Missouri, you could offer to settle at $150k or something similar or less or more. Personal decision. I just wouldn't do anything without full knowledge.
Hope this helps to clarify.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Doing so ensures I will be willing to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
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