Am I within my rites to call The Lawyer?

Question

My mother passed away in april of 2006 .She left my oldest sister and brother as the esecuters of her will. Back in May My sister told me that the $5000 that I had barrowed from my mother 4 years before she died will have to come out of my share of the estate. When I asked how that would work she told me that It was to be divided equily between her and my 2 brothers. Since then She has written checks for part of our money and we will get the rest later. WHat I did not know at the time was that while I got a check for $ 1000 they each got one for $3500. Now if you add up 2500 3 times 5000 that doese not make. I have recently goten the settlement agreement for the will from the lawyer. It states that all shall be devided equilly between the 4 of us. Am I within my rites to call the laywer about this? Some thing just does not seem rite.It feels as though they have taken liberties that they have not rite to take.It is not about the money infact I will glady pay out of my own pocket.

First I want to make clear that It is NOT about the money. If I owe The money{which I did not say that I did not} I Am Willing to pay.What I want to know is why I have been told One thing by my sister and bother and the will and settlement agree ment say another. I will gladly pay for the lawyer out of my own pocket if need be.It just feels as though they have taken some libertys that they have no rite to take. As I said what They have told me and what is on paper are 2 different things. And the person who said that I am spitting on my mothers grave I would gladly give it all back to have her.You do not know me,or my family so Do not judge me .For your infromation That money if for my children and I am only trying to protect them if my family is In the wrong.I just want to know if I can call the lawyer.

Answer 1

"Since then She has written checks for part of our money and we will get the rest later."

You all received checks, so the fact that their shares don't equal $5000 doesn't mean anything. They're not just splitting the $5000 you borrowed. Presumeably, when you receive the rest, it will balance out to $5000 more that they received than you. Total.

Basically, as it stands, you have that $5000 plus the $1000 she wrote you a check for. So that's $6000 you have to their $3500. What would seem more fair, however, would not be for them to split $5000 between the three of them, but between the four of you equally. Basically forcing you to pay back 3/4ths, or $3750, making it completely equal between you all.

Either way, it doesn't seem totally fair, and calling the attorney could end in your favor, however, it could also spark tension between you and your siblings, so that's something to consider. If it's not about the money, maybe just let it go. Or speak to your sister about it first.

Answer 2

You're always within your rights to call a lawyer. They are the ones who can help you to figure out who is in the wrong, legally, in any situation.

Is it possible that your mother's wiill included a clause that forgave that debt by calling it a part of your inheritance? My mother has included such a clause in her will, because she helped my sister and brother-in-law with the down-payment for their current home. So, their share of her estate will not "kick in" until each of the rest of us have received an equivalent amount. This is the same thing that her father did when he helped my uncle and aunt with the down-payment on their first house.

BTW, rites has nothing to do with the law. Rites refers to religious rituals.

Answer 3

there was a total of $11,500 paid out
if there had been no loan there would have been $16,500 in the estate for a total of $4125 for each if you look at it that way your siblings took a little loss.
the 5k form 4years ago +1k now means $6,000 for you and they each had their payment reduced by $625
and this does not even figure in interest if you had to take a loan at 5% that would have been about $1000 over the 4 years

Answer 4

Not only are you within your rights, you really should call not only that lawyer, but I think you should get your own lawyer as well. Something is fishy there, and you need to be advised by an impartial party, something which the lawyer currently handling the estate is not.

Answer 5

you should have paid your mom back the money. She was more than likely upset that you didn't pay her back. I would be mad if my kid borrowed five grand from me and never paid me back. In my way of thinking your mom told one of your siblings to take the 5k out of your part of the money to be divided. I'm on their side. Your mom didn't leave you in charge of the will for a reason. How would your siblings know about the $5000 dollars if your mom had not told them .. You should be more concerned about her life and death. You money meant more to you than anything right? I've got kid's like you and I'll leave them nothing. Money means more to them than me or anyone in their family.

Answer 6

That loan is an asset of the estate and needs to be repaid. It rightfully will come out of your share. When the court approves probate, you'll get a statement showing how it was all divided and how any debts were settled.

Answer 7

The word is "rights" not "rite."

Look at it this way. You owed mom $5,000. She died. The estate is being distributed in parts...and the first part was for $14,000. Each person was to get $3,500, but your payment was only $1,000...meaning you "re-paid" $2,500 (or half) of the $5,000 you owed.

You still owe $2,500, if that is how they are figuring it. You should have documentation of the breakdown, though, so it would be clear.

Answer 8

If 2500 dollars is worth having a huge fight with your siblings and spitting on your mother's grave, then go for it.

My mother is currently very ill and will possibly die within the next month. When she goes, my brothers and sisters are all I'll have left. There's nothing she's got worth losing them.

Also, ask yourself who paid for her funeral? If you didn't, and they did- then they are entitled to receive a little more than you- especially since you still owed Mom money when she died..

Answer 9

This is why no one should ever inherit money. Money should be buried with the dead. Everyone should earn their own money. In several generations, class inequalities will be solved and we will be a true society of meritocracy.

And yes, call the lawyer. Or you could just never talk to your sister again.

Answer 10

Yes, call a lawyer. but don't call the one who is involved with the will. Seek outside counsel for a fresh point of view and to insure the response is not "tainted". Your argument is definitely valid and your siblings sound like snakes to be perfectly honest with you. That money you borrowed was between you and your mother. Good Luck!