Help with an Ethics Question: Wills and Estate after death.
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Help with an Ethics Question: Wills and Estate after death.
Lets say your father dies..... leaves behind a few hundred grand...
It all starts:
You have 3 siblings...... 2 of them are in California living a liberal life of drugs and alchohol and bad decisions. For many years with no concern about the welfare of thier father. The other is in Texas taking care of the fella.... Cleaning his house, taking him to the hospital, staying with him while in the hospital, taking out the trash, cooking for him almost every single weekend at the son or daughter's home, being a good son or daughter and doing what is right. For years and years and years and years.
He then dies at 84 yrs old and leaves everything up to you as the executor with wishes to distribute the money evenly. Not considering the fact that one of the siblings has a husband who is a derilect (sp?) and alchoholic, the other is completely nuts and selfish. (when she hears that her daddy died she hauls tail to Texas to get his Van and search his house so she dont miss on the estate)
What would you do if you where the "Good Son or Daughter"??
No "formal" will........ IMO vs 33/33/33% it should be 38/31/31% (each of the losers should compensate the good one for efforts and taking all the slack)
It all starts:
You have 3 siblings...... 2 of them are in California living a liberal life of drugs and alchohol and bad decisions. For many years with no concern about the welfare of thier father. The other is in Texas taking care of the fella.... Cleaning his house, taking him to the hospital, staying with him while in the hospital, taking out the trash, cooking for him almost every single weekend at the son or daughter's home, being a good son or daughter and doing what is right. For years and years and years and years.
He then dies at 84 yrs old and leaves everything up to you as the executor with wishes to distribute the money evenly. Not considering the fact that one of the siblings has a husband who is a derilect (sp?) and alchoholic, the other is completely nuts and selfish. (when she hears that her daddy died she hauls tail to Texas to get his Van and search his house so she dont miss on the estate)
What would you do if you where the "Good Son or Daughter"??
No "formal" will........ IMO vs 33/33/33% it should be 38/31/31% (each of the losers should compensate the good one for efforts and taking all the slack)
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since the good one spent so much time and effort for the father he/she should be compensated accordingly
lets assume this good son/daughter spent 3 hours per day for the father every weekend. this gives us 6 hours a week. This is 312 hours for the year. But you were with him for maybe 5 years. 1560 hours. im just a kid and get 11 bucks an hour, your time must be worth what? lets say $20 an hour, now you get $31,000 more than them just for the time you spent.
you also need to be reimbursed for money spent on food, groceries, etc.
this money could have been put towards an investment, thats money your not making, you need that back dont you?
you can keep going like this for a while until you get to 100% or even more, make them owe you money
lets assume this good son/daughter spent 3 hours per day for the father every weekend. this gives us 6 hours a week. This is 312 hours for the year. But you were with him for maybe 5 years. 1560 hours. im just a kid and get 11 bucks an hour, your time must be worth what? lets say $20 an hour, now you get $31,000 more than them just for the time you spent.
you also need to be reimbursed for money spent on food, groceries, etc.
this money could have been put towards an investment, thats money your not making, you need that back dont you?
you can keep going like this for a while until you get to 100% or even more, make them owe you money
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Originally Posted by 2 SLOW
60/20/20
and that is generous.
and that is generous.
but the man's wish was that he split it evenly, he can't just cut it in his favor, there needs to be some kind of reasoning behind it
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50/25/25 the largest sum going to the person who dedicated time and love to the man.
This is basically what happened with my grandmother when my greatgrandmother was sick and dying. My gm took care of her for ~8 years, gave her showers, wiped her ***, etc etc etc. When she died my grandmother recieved roughly 75% of her estate and the other 3 childern (total scum) split the remaining. In a situation like this it isn't so much about "deserving" something as it is being the one who took care of him when he needed it and being the person that carries on his legacy through what he had made for himself. Good luck either way.
This is basically what happened with my grandmother when my greatgrandmother was sick and dying. My gm took care of her for ~8 years, gave her showers, wiped her ***, etc etc etc. When she died my grandmother recieved roughly 75% of her estate and the other 3 childern (total scum) split the remaining. In a situation like this it isn't so much about "deserving" something as it is being the one who took care of him when he needed it and being the person that carries on his legacy through what he had made for himself. Good luck either way.
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I wouldn't try to take extra $$$ because I took care of them. I would've taken care of them even if they were dead broke and I was getting nothing. That's your dad you're talking about.
And besides, it's not your money, you don't get to decide how it's distributed. If he wanted it spread out evenly, do what he wanted, and spread it evenly.
Just my opinion...
And besides, it's not your money, you don't get to decide how it's distributed. If he wanted it spread out evenly, do what he wanted, and spread it evenly.
Just my opinion...
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Originally Posted by Ben R
I wouldn't try to take extra $$$ because I took care of them. I would've taken care of them even if they were dead broke and I was getting nothing. That's your dad you're talking about.
And besides, it's not your money, you don't get to decide how it's distributed. If he wanted it spread out evenly, do what he wanted, and spread it evenly.
Just my opinion...
And besides, it's not your money, you don't get to decide how it's distributed. If he wanted it spread out evenly, do what he wanted, and spread it evenly.
Just my opinion...
or he left an executor so the Dad obviously was stressing over how to split it and didn't want to hurt anyone's feelings?
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40/30/30 Just tell the others how much time you really spent, they are your siblings they might understand, who knows... If they ask why, then ask them why they didnt move to texas to take care of him. Then tell them without you then no one would be able to help him and he would have never given a will out at all to any children. My family's in the same situation, luckily everyone has already planned it all out and most of the family is doing thier share.
Good luck with it
Good luck with it
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If there is no will, I think if you did an unequal distribution it could be litigated. I'd do equal thirds and discuss amongst the siblings whether an adjustment could be made for the sibling that cared for the parent.
#10
Hell if dad wanted to make sure they all got even portions he would of written up a simple will saying that.
By him giving the only child that gave 2 ***** about him, the money and leaving it in his hands, I would say keep 99%. With the 1% left over tell the other two screw ups you will pay for their bus ticket. Or will pay for their rehab, sounds like they need it.
Gotta love how people want to be involved with family when they are gone and they have the possibility to get something out of it. Makes me sick.
By him giving the only child that gave 2 ***** about him, the money and leaving it in his hands, I would say keep 99%. With the 1% left over tell the other two screw ups you will pay for their bus ticket. Or will pay for their rehab, sounds like they need it.
Gotta love how people want to be involved with family when they are gone and they have the possibility to get something out of it. Makes me sick.
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Originally Posted by Ben R
I wouldn't try to take extra $$$ because I took care of them. I would've taken care of them even if they were dead broke and I was getting nothing. That's your dad you're talking about.
And besides, it's not your money, you don't get to decide how it's distributed. If he wanted it spread out evenly, do what he wanted, and spread it evenly.
Just my opinion...
And besides, it's not your money, you don't get to decide how it's distributed. If he wanted it spread out evenly, do what he wanted, and spread it evenly.
Just my opinion...
i don't think its as much him wanting more money because he took care of him as it is just not wanting the other siblings to have it because its a waste and they are not deserving. From what he wrote he was not in it for the money, he just loved his father. unlike the other siblings who loved him after he had passed.
but i do agree that if it was his wish that it be spread out equal that you do it that way
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Tough position you're in man.
If you deviate from equal proportions you'll surely upset your siblings and drive an even larger wedge between the three of you(assuming you guys aren't on the best of terms as is)
Then you'll have to weigh your decision versus your dad's wishes to have his estate evenly distributed....and you may later on regret your choice to accomodate the efforts that you'd so lovingly rendered.
personally i would distribute the funds evenly, even though they may spend it on drugs, alcohol, and narcicistic wastefulness. It would keep my conscience clear.
But on the other hand, talk to them....who knows...they may be ok with you getting a 40/30/30 if you explain things to them!
G'luck man
If you deviate from equal proportions you'll surely upset your siblings and drive an even larger wedge between the three of you(assuming you guys aren't on the best of terms as is)
Then you'll have to weigh your decision versus your dad's wishes to have his estate evenly distributed....and you may later on regret your choice to accomodate the efforts that you'd so lovingly rendered.
personally i would distribute the funds evenly, even though they may spend it on drugs, alcohol, and narcicistic wastefulness. It would keep my conscience clear.
But on the other hand, talk to them....who knows...they may be ok with you getting a 40/30/30 if you explain things to them!
G'luck man
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With no written will the courts leave it to the discrestion of the executor. As an excutor you are entitled to an excutors fee which can be as much as 10 to 15% off the top then the rest is split between all of the heirs. So you should get your executors fee and then your percentage as an heir.
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personally, i would get an estate lawyer. they will tell you the best way you can proceed without it being contested or whatever, and help you make sure you do everything right as the chief executor.
it may take a little cash to do it, but it can save a whole world of grief further down the road, especially if your siblings are really heavy into partying. many people that are heavy into drugs/alcohol will do whatever they can to score free money, and regardless of their habits, they are still siblings, and can make your life hell if you don't do it right the first time.
trust me on this, my dad & aunt went through the same thing with one of their scumbag brothers when my grandmother died, it took them a couple years to get everything settled.....and i've heard cases of things like this taking much, much longer.....
it may take a little cash to do it, but it can save a whole world of grief further down the road, especially if your siblings are really heavy into partying. many people that are heavy into drugs/alcohol will do whatever they can to score free money, and regardless of their habits, they are still siblings, and can make your life hell if you don't do it right the first time.
trust me on this, my dad & aunt went through the same thing with one of their scumbag brothers when my grandmother died, it took them a couple years to get everything settled.....and i've heard cases of things like this taking much, much longer.....
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Originally Posted by nickdotcom
i don't think its as much him wanting more money because he took care of him as it is just not wanting the other siblings to have it because its a waste and they are not deserving. From what he wrote he was not in it for the money, he just loved his father. unlike the other siblings who loved him after he had passed.
but i do agree that if it was his wish that it be spread out equal that you do it that way
but i do agree that if it was his wish that it be spread out equal that you do it that way
33/33/33%
Believe me the deeds will be rewarded at the Gate.
Always remember money is the root of all evil!!!!!!!!!!!
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Originally Posted by 1badchicken
Always remember money is the root of all evil!!!!!!!!!!!
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Originally Posted by Elite_Hot_Rod
With no written will the courts leave it to the discrestion of the executor. As an excutor you are entitled to an excutors fee which can be as much as 10 to 15% off the top then the rest is split between all of the heirs. So you should get your executors fee and then your percentage as an heir.
i'd do this and take 10% for the fee.