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-   -   Mysterious gift given (https://www.askmehelpdesk.com/showthread.php?t=277503)

  • Nov 5, 2008, 02:49 PM
    debodo3301
    Mysterious gift given
    My father owned a rather expensive piece of Prime property!
    Before passing awat, he was not vert competent and was being manipulated by his 2 sons.

    After hearing what was in his will, we discobered that he had given away 40% of the property to the boys in advance of the will.

    He had told me that the 40% was the Trust he had developed and he still owned 60% of the land. Tgat upon his death, would be divided among his 4 girls!

    He was staying, at that point, with one son for a couple of months right after our mother passed away.

    He had just done a new will one month prior to that time.

    All of a sudden, while he's at my brother's, THEY take him to have a THRD WILL drawn up, which kicked the girls out completely.

    We are dicussing contesting the will regarding coercion by the boys, but is there anything we can do about this MYSTERY GIFT of 40% of his property being given away prior to the will? ( Within just a couple of weeks)

    After the will was set, my brother brought my dad back to me to take care of and said HE wasn't going to do it any longer!

    Then I had him for about 1 year! I had had both parents, by myself for 2 1/2 years prior to all of this.
  • Nov 5, 2008, 03:19 PM
    cdad

    Well any argument would have to be based upon competency of your father at the time he gave up the first 40%. That's a tough one. The rest will bear fruit in your local laws where you live. But general rule of thumb is if you leave someone with nothing and they were entitled too much more then it leaves doors open for a fight. That's why most people when cutting someone out of a will still leave them $1 so it shows full intent.
    Good for you for taking care of your parents in their hour of need.
    What state is this in and also what type of trust was it that he supposedly created ?
  • Nov 5, 2008, 03:23 PM
    debodo3301

    We're in FL.
    It just said Revocable Trust on the top of it!

    The land he gabe away and the will was right after my mom's death! And he was acting crazy then.
    After the boys got what they wanted, they sent him back home to me and refused to do anything else for him!
  • Nov 5, 2008, 03:32 PM
    cdad

    Sounds like he wrote up a "living trust". So more then likely he did it through a lawyer and if at that time he passed muster and it wasn't a shady deal then that might be difficult to over turn. Did you receive anything at all from the remaining estate or was it probated ?
  • Nov 5, 2008, 03:41 PM
    debodo3301
    No where that I saw did it say LIVING will, but who knows!
    There was an attorney involved who has been caught lying on several occasions! I even summited papers to The Fl Bar Assoc. regarding hie miss-dealings with dad.
    He handled things in a very poor way!

    The trust sets up some type of corporation that the boys are in charge of building. What it will end up being, who knows!
    Three of us girls were left 7% of whatever the NET is per year, if anything ever gets built on the property and makes any money! It's all very shady.

    So the boys started with 40% of the land, then ended up with 79% of the whole corporation thing! It's very confusing! And intentional, I'm sure!

    And they already said it would be 5-10 years before we would get a cent from it!
  • Nov 5, 2008, 03:49 PM
    debodo3301

    By the way, NOTHING went through probate!

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