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Losing my good opinion of mankind
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<blockquote data-quote="Marguerite" data-source="post: 236287" data-attributes="member: 1991"><p>With the son-in-law, I would pass the info re his asking for money (and the $38,000) to the executor of the estate. At some point, the money will become available and at THAT point the executor makes sure that money is taken into account in diving the estate. It needn't be done with any rancour, either. Just make it clear that the estate treated it as an interest-free loan, not a gift.</p><p></p><p>For example - husband & I borrowed $10,000 from my father, to raise enough money to buy our house. The plan was we would pay back the principal after 5 years but when the time came, we just didn't have it. So Dad said, "Leave it until you can."</p><p>But we never did get to pay it back.</p><p>Ten years later my father died. A few years after tat, my mother died. My brother was executor, and found the details of the loan in my father's papers. He talked to me about it, but made it clear - the $10,000 was part of my share of the estate. I was OK with this because I knew my father had probably made similar loans to others, and the same conditions would now apply to them also. I still got money from my parents' estate and accepted that I had been using that money already, earlier.</p><p></p><p>I know this thread is not about the money, but it is one thing that can be done.</p><p></p><p>I would also talk to lawyers about this anyway, to try to prevent possible recurrences. Any document she signed while 'doped up' could be challenged, and he needs to know this. In other words, sonny jim - hands off.</p><p></p><p>Also, you may find another legal avenue to getting the money back, that wouldn't lose too much of it. We have other options here in Australia, for example, if the amounts involved aren't too great.</p><p></p><p>I'm so sorry you and your family, especially your stepmother, have to deal with this at such a bad time for her.</p><p></p><p>Marg</p></blockquote><p></p>
[QUOTE="Marguerite, post: 236287, member: 1991"] With the son-in-law, I would pass the info re his asking for money (and the $38,000) to the executor of the estate. At some point, the money will become available and at THAT point the executor makes sure that money is taken into account in diving the estate. It needn't be done with any rancour, either. Just make it clear that the estate treated it as an interest-free loan, not a gift. For example - husband & I borrowed $10,000 from my father, to raise enough money to buy our house. The plan was we would pay back the principal after 5 years but when the time came, we just didn't have it. So Dad said, "Leave it until you can." But we never did get to pay it back. Ten years later my father died. A few years after tat, my mother died. My brother was executor, and found the details of the loan in my father's papers. He talked to me about it, but made it clear - the $10,000 was part of my share of the estate. I was OK with this because I knew my father had probably made similar loans to others, and the same conditions would now apply to them also. I still got money from my parents' estate and accepted that I had been using that money already, earlier. I know this thread is not about the money, but it is one thing that can be done. I would also talk to lawyers about this anyway, to try to prevent possible recurrences. Any document she signed while 'doped up' could be challenged, and he needs to know this. In other words, sonny jim - hands off. Also, you may find another legal avenue to getting the money back, that wouldn't lose too much of it. We have other options here in Australia, for example, if the amounts involved aren't too great. I'm so sorry you and your family, especially your stepmother, have to deal with this at such a bad time for her. Marg [/QUOTE]
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