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Hope I don’t go to jail tomorrow over Gdads will

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    #46
    Sss

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      #47
      The wife and her 2 sisters are working on splitting up their parent's stuff. It has been a 3 ring circus.................

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        #48
        Originally posted by The Crippler View Post
        *The following is not legal advice and you are advised to obtain your own legal counsel*

        Dude, lock that **** up and tell them to get bent. Nothing should be distributed until the judge signs an order. They are not entitled to anything until then. If you purchased all "farm equipment" you have an excellent argument that a SxS and a log splitter are farm equipment. You can't steal what you already own, and even if it is determined later that they are entitled to it they can't just come and grab it before probate. That is the whole purpose of having a judge adjudicate the probate proceedings. Is that language in a bill of sale or other document?

        Side note to anyone that doesn't have a will and needs to get it done, "co-executors" is almost always a bad idea. One executor to make the decisions and distributions and a successor executor or two in case the first one can't or won't administer the estate.
        This and make sure you have pics of the items of concern, especially the log splitter, that kind of stuff from childhood is priceless.

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          #49
          I went through this in 96. Nothing may be removed from any property covered in the will unless the Executor says it can, until after Probate.

          I'd make them bring back what they took without permission since in the eyes of the law they stole it.

          Seriously my Mom and I went through this and we won.

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            #50
            Originally posted by The Crippler View Post
            *The following is not legal advice and you are advised to obtain your own legal counsel*

            Dude, lock that **** up and tell them to get bent. Nothing should be distributed until the judge signs an order. They are not entitled to anything until then. If you purchased all "farm equipment" you have an excellent argument that a SxS and a log splitter are farm equipment. You can't steal what you already own, and even if it is determined later that they are entitled to it they can't just come and grab it before probate. That is the whole purpose of having a judge adjudicate the probate proceedings. Is that language in a bill of sale or other document?

            Side note to anyone that doesn't have a will and needs to get it done, "co-executors" is almost always a bad idea. One executor to make the decisions and distributions and a successor executor or two in case the first one can't or won't administer the estate.

            If you are the executor I can't stress how important allowing anyone else in the family into the mess of the estate is the BIGGEST mistake you can make.

            What seems like a good idea at the time will end up being one of the worst decisions you will ever make in your life. Everyone that's saying they just want to help you out is only concerned about money. Nothing else. Not your welfare, the deceased money. And since your the executor you get more money than they do. This is a big deal to them. Right off the bat its not FAIR you get more.

            When my mothers estate gets settled the first thing I will do is to take my brothers completely off my will and hire the executor job done so as not to let my daughters go through this someday.

            My relationships with my brothers is non salvageable at this point.
            I don't want this to happen to them.

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              #51
              Originally posted by TB80 View Post
              Speaking frankly, before you do anything I would contact a lawyer. Probate can be a messy process, and you need someone experienced in probate and probate litigation to guide you and protect your interests. There are too many hypotheticals and potential issues for you to get sound advice from the internet.


              Sent from my iPhone using Tapatalk

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                #52
                I’m ready for updates!

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                  #53
                  Hate this kind of stuff. I was the only grandkid that helped my grandpa (mom’s dad) who I spent as much time with as my own dad all the “manly” chores around the house growing up doing farm work etc. I spent lots of time in his wood shop, building things, working on equipment, and helping with the farm and cows. Only grandkid that came over and worked all summer, hunted and shot guns with him and all that kind of stuff. He passed away when I was 20 and in college, so I came home for the funeral and everything then went back to school. A few months later I came home and I went over to my grandparents house to visit my grandma and all my grandpa’s guns, tools, equipment, vehicles and anything else you can think of was gone. Still No idea other than a couple guns where it all went. I’ve never worried about material things to much, but the worst part is I know most of it probably went straight to a pawn shop. Really really ****** me off at the time


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                    #54
                    Hire an attorney to represent you in the matter. They will know what can and cannot be done.

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                      #55
                      Originally posted by .243 WSSM View Post
                      They probably aren't very mechanically inclined and no farm smarts. If the tractor has a bucket put the log splitter in and raise to max vertical. If the tractor has forks for back put the sxs on them and again raise to max vertical. Take your tractor keys and setup some cameras to catch their anguished faces as they contemplate the impossible for them
                      This is a great idea

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                        #56
                        Two things I absolutely will not tolerate are ultimatums, and threats of litigation (especially against my mother). As soon as anyone starts that nonsense, I tell them to go jump in a lake, or speak to the attorney. Lock the whole place down, and take YOUR log splitter home.

                        If they want to act like *******s, many more things can become “farm equipment”, in addition to the SXS. All decorum, and tact goes out the window when low lifes try to take advantage of my people.


                        Sent from my iPhone using Tapatalk
                        Last edited by Dale Moser; 05-14-2021, 09:52 AM.

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                          #57
                          Clint, did your mom choose the probate attorney oe her stepmom? Whoever the attorney is, he/she needs to explain the "rules" to everybody involved.

                          Several are saying to get law enforcement involved. This is a civil dispute, and law enforcement will NOT go with you to enforce the terms of the will. I don't know why folks always think they will.

                          Your step grandma has a life estate, so I'm pretty sure you cannot "lock the place up" as has been recommended. She lives there and makes those decisions.

                          If it were me, the way his step grandchildren are behaving, I would demand the SxS also.

                          We still need to have lunch.

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                            #58
                            Never a good situation. I was the executor for my Dad's will. He remarried at a very old age, they always went Dutch wherever they went...kept EVERYTHING separate.

                            He passes, she lawyers up and gets his life insurance, and the Homestead to the house. We can't even go in an inspect the house WE own. The Will would not have prevented this. This was all "surviving spouse" rights that are old laws on the books that need to be changed. It ain't the 1940's anymore. To make it worse we went to church with this woman for 40 years before he married her.

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                              #59
                              I’m sorry you’re having to go through this. Money sure can make people do the nastiest things.

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                                #60
                                I would be dragging the splitter around behind the SXS at the lease splitting firewood & forget to bring it home

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