When does it stop

[captnjimbo]

my wifes father passed away in 2004. he had left her more money, by putting her name on two bank accounts, than her three brothers because she helped him during the last years of his life.

Anyway the brothers contested the will. The legal costs were mounting and my wifes health was deteriorating due to the process. We settled in court to a settlement that included basically splitting what remained of the estate in quarters. There were also coins in her fathers haouse that we agreed to split.

They came back after getting their quarter of the estate and coins and said that the father had a coin book collection that they should also be entitled to. these coins were given to my wife over 6 years before her father passed away. He gave her the coins and a coin value book that he wrote her name on.

We are now back in court over this coin book collections. the bills are starting to grow again and we can not phathom how the brothers have any right to something gifted 6 years prior to the fathers passing.

They are now also questioning that there were more coins in the fathers house than we split up with them, although they have no accounting that shows anything different than what they received.

How long can this go on? How can something be "settled" and than be started up all over again? Can I charge them for the legal fees if it is determined that the coin book collection is not a part of the estate?

 

[calalily]

If you have a lawyer for this dispute, ask him or her those questions (about legal fees). If it is costing more than the gifted coins are worth and your wife's health, just give the coins to them (or split 4 ways again) and have the lawyer draw up something that by accepting the coins they agree to settle this matter now and forever. Is it right , NO, is it fair, NO. I am sorry for your troubles with your wife's family, but is the money/coins/principle worth the trouble and cost of the health of your wife?

 

[captnjimbo]

We do have a Lawyer and have asked him about the fees. We did go through the "split" to settle the estate originally and the brothers did sign a release after we split up the bags of coins.

They than came back after the other coins, basically contesting their own settlement. I believe my wifes mental health would be worse if she just gave in and split up the coin books her father intended her to have.

Thanks for your reply.

 

[calalily]

What did he say about the fees? Well, I am sorry I wasn't much help. As Seniorjudge always says, (or something like this) people can sue any one, any where any time for anything, and your brother inlaws are doing that literally until a judge stops them, if he is even able to stop them. I am truely sorry.

 

[captnjimbo]

We put in to have our fees covered if we win, thay have in for their fees to be covered if they win. I agreed to arbitration on lieu of a full trial for cost and health reasons. Extremely frustrating situation.

I do have another question. The middle brother has been appointed as trustee for the oldest brother, who has had alcohol problems and does not work wxcept for an occasional odd job. The middle brother has been the force behind all the suits and has always been one to make sure he was getting what he wanted before anybody else got anything.

We have concerns that the older brothers quarter of the estate gets used for his care and not to pay lawyer bills for all the brothers or used for the middle brothers benefit. (The older brother had told my wife at one point that he had been told by the middle brother that all the lawyers fees were coming out of his share).

Is there anyway to check or make sure of how the "trustee" of the oldest brothers inheritence is being used?

Thanks again

 

[seniorjudge]

Q: Is there anyway to check or make sure of how the "trustee" of the oldest brothers inheritence is being used?

A: Yes; you ask for an accounting (which is another kind of lawsuit) which means more lawyer fees.