Discussion:
Semi-OT: Do NOT pay them!
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Lenona
2021-10-15 02:43:15 UTC
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Yes, it's Reddit, so of course you can't count on it for legal advice, but this thread certainly raises very interesting questions.

That is, I never knew that creditors MIGHT try to do this when a parent dies...(it's in the comments).

https://old.reddit.com/r/childfree/comments/q7ycsp/my_mom_dropped_a_bombshell_on_me_yesterday/
Travoltron
2021-10-15 17:30:52 UTC
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I might have to join your silly Reddit group.

Because I'm actually starting to empathize with you guys' problems. My
dad has been babbling about taking us all out of his will because we
"failed" to produce grandchildren for him. He wants to donate it all to
charity so that he can be a big posthumous hero and have his name on a
park bench or whatever it is they do.
A Friend
2021-10-15 18:18:08 UTC
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Post by Travoltron
I might have to join your silly Reddit group.
Because I'm actually starting to empathize with you guys' problems. My
dad has been babbling about taking us all out of his will because we
"failed" to produce grandchildren for him. He wants to donate it all to
charity so that he can be a big posthumous hero and have his name on a
park bench or whatever it is they do.
There are some jurisdictions in which a person can't disinherit their
spouse and/or children. If this is enough money to worry about, see a
lawyer. Now.
J.D. Baldwin
2021-10-15 18:32:37 UTC
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Post by A Friend
There are some jurisdictions in which a person can't disinherit
their spouse and/or children. If this is enough money to worry
about, see a lawyer. Now.
This isn't really correct or useful, though if you want true,
professional legal advice, you should see an attorney. But I think
that guy will tell you the same thing you are about to read.

At common law, you could not completely disinherit a spouse. A
surviving spouse gets a particular minimum share of the decedent's
estate no matter what. (The size of the particular share varies by
jurisdiction, but not by all that much.) Children, on the other hand,
may be disinherited for any reason or for no reason.

Forty-nine U.S. states are common-law states, and all follow the above
rule in both cases, spouses and children. There is one oddball non-
common-law state, though: Louisiana. Louisiana is not a common-law
state, but inherited its fundamental body of law from the French.
Their law provides that a child under 24 or a child of any age who is
incpacitated (that is, *severely* incapacitated) is entitled to a
"forced" share of the estate. But those are pretty narrow
circumstances and they won't apply in many cases.
--
_+_ From the catapult of |If anyone objects to any statement I make, I am
_|70|___:)=}- J.D. Baldwin |quite prepared not only to retract it, but also
\ / ***@panix.com|to deny under oath that I ever made it.-T. Lehrer
***~~~~----------------------------------------------------------------------
Louis Epstein
2021-10-15 19:55:16 UTC
Permalink
Post by J.D. Baldwin
Post by A Friend
There are some jurisdictions in which a person can't disinherit
their spouse and/or children. If this is enough money to worry
about, see a lawyer. Now.
This isn't really correct or useful, though if you want true,
professional legal advice, you should see an attorney. But I think
that guy will tell you the same thing you are about to read.
At common law, you could not completely disinherit a spouse. A
surviving spouse gets a particular minimum share of the decedent's
estate no matter what. (The size of the particular share varies by
jurisdiction, but not by all that much.) Children, on the other hand,
may be disinherited for any reason or for no reason.
Forty-nine U.S. states are common-law states, and all follow the above
rule in both cases, spouses and children. There is one oddball non-
common-law state, though: Louisiana. Louisiana is not a common-law
state, but inherited its fundamental body of law from the French.
Their law provides that a child under 24 or a child of any age who is
incpacitated (that is, *severely* incapacitated) is entitled to a
"forced" share of the estate. But those are pretty narrow
circumstances and they won't apply in many cases.
There are jurisdictions beyond the United States.
I have read that Sweden prohibits disinheriting children and I
believe France has laws that predetermine the broad picture of
any estate's division rather than letting one's "will" prevail.

(I've lately been having issues getting the December 2011 death
of my mother properly registered in Norway,though paperwork SHOULD
have gone through...I need to sell the condo apartment she bought for
my grandmother and her will (leaving the apartment to me) AND the
death need to be properly registered there for me to sell it.
And I'm told that had she registered my birth with the Norwegian
authorities in 1961 (when she was a resident alien in the USA
before 1970 naturalization) the will would not be necessary because
I would have inherited automatically under Norwegian law provided
I had no father or siblings(my father died after my mother,my
only sibling died before I was born)) with no will being necessary).

I've also read that under English law,but not Scottish,if someone
who has written a will subsequently marries,that voids the will.

-=-=-
The World Trade Center towers MUST rise again,
at least as tall as before...or terror has triumphed.
Travoltron
2021-10-15 19:40:21 UTC
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Post by A Friend
There are some jurisdictions in which a person can't disinherit their
spouse and/or children. If this is enough money to worry about, see a
lawyer. Now.
Thanks, but my mom insists he's not serious. Nevertheless, it's hurtful.
He's always been a blunt and tactless person, but it's gotten worse in
old age. Whatever filters he had are leaving him. Maybe this has to do
with his Parkinson's disease.

The worst is when he starts to go into detail about some 1960s sexual
exploit. I don't think anybody wants to hear that kind of thing from
their parents.
Adam H. Kerman
2021-10-15 19:53:10 UTC
Permalink
Post by A Friend
Post by Travoltron
I might have to join your silly Reddit group.
Because I'm actually starting to empathize with you guys' problems. My
dad has been babbling about taking us all out of his will because we
"failed" to produce grandchildren for him. He wants to donate it all to
charity so that he can be a big posthumous hero and have his name on a
park bench or whatever it is they do.
There are some jurisdictions in which a person can't disinherit their
spouse and/or children. If this is enough money to worry about, see a
lawyer. Now.
Spouse is entitled to a fair share of marital estate or 1/2 of community
property, depending on the state, and cannot be disinherited of that
portion as it never belonged to the other spouse individually. Depending
on how title to the primary residence is held, the surviving spouse
simply becomes sole owner after death, which is why such property isn't
held as tenants in common. Joint tenancy with right of survivorship
means the surviving spouse gets full title unless it was converted to
tenants in common. Tenancy by the entireties is available in a few
states which prevents such title conversion on the action of one spouse
alone.

I know of no law that requires an estate to be passed on to adult
children. Dependent children are not at issue here.
Lenona
2021-10-15 20:29:31 UTC
Permalink
Post by Travoltron
I might have to join your silly Reddit group.
Just so you know, I'm not a member. (I don't do Facebook, TikTok or Instagram either.)

But just lurking is good enough, since the traffic is so high. Plus, some of them have learned to be a bit more skeptical than before of stories that don't pass the smell test. (Besides, any story that's plausible, true or not, is worth reading, right?)
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