WHERE THERE IS A WILL
My Grandmother left us January 11, 2005. She left us quietly -- just slipping away. She was at home, safe and sound and surrounded by those who loved and cared for her. The emptiness of her room and in our hearts will never be filled.
The pain of losing her is greater than the pain endured the years we spent helpless to protect her from the Bank, the Lawyers, and the legal system preying upon her financially. The Predators are moving on to their next innocent, defenseless victim in the name of guardianship. God help that poor person, because the legal system probably won't.
We are now into probate negotiations. My Grandmother had two children: my Mother who gave up her life to take care of her Mother throughout her illness, and my Uncle who didn't give his Mother so much as an ounce of care or comfort when she needed him most, in fact spending his energy making it harder for my Mother and I and causing as much trouble as he could.
My Grandmother, prior to her stroke, wished to be fair to both of her children and she made her will out accordingly. Each child would share equally.
But her wishes, once again, were not to be.
As soon as the Bank was appointed, they began to probate my Grandmother's will ---- while she was still alive! Using a statute that did not legally apply, they successfully arranged for my Uncle to inherit 6% more than my Mother. How did they do this, you wonder when my Grandmother's will specified her assets be divided equally? They did it "legally" with a Court Order.
In theory, a financial guardian's job is to handle the financial affairs of the incapacitated person, protecting the incapacitated person's funds from unscrupulous dealings or people. Probate is not a financial guardian's business or concern. The financial guardian's job ends when their prey's life ends. But in my Grandmother's case, the Bank overstepped their bounds and got busy "probating" my Grandmother's will four years before her passing! They charged her thousands of dollars and the Judge who should have stopped them, instead signed the Court Order not only to change my Grandmother's wishes, but to pay the Bank and Lawyers for the evil deed itself.
So, now in probate, my Mother can fight for what is rightfully her inheritance --- and most of the money if not all of it will go to the Lawyers, or she can just give my Uncle what he so desperately wants. And if he wants more than 6% more, does she give him that to save herself more legal fees? My Mother loses either way. Is that what my Grandmother wanted? Certainly not.
In probate, the Lawyers once again run off with all the money. And they love a good fight because that's more money for them. When an unscrupulous Lawyer gets a goldmine like my Uncle who is out to get all he can and take advantage of his sister, well there's just more money to be made. The unscrupulous Lawyer can hardly get to the Bank fast enough.
If you're fortunate enough to have a Lawyer who is one of that rare breed who doesn't give lawyering a bad name, well that's not going to help you because he/she can't make the other side reason, do the right thing. or save you the expense caused by the opposing lawyer who has himself a greedy client willing to pay and pay any amount to win. Unfortunately, the old cliché is true: one bad apple spoils the whole bunch.
I don't know the answer here. We all like to think our Last Will and Testament will be honored, but that's just another disappointment of the legal system. Perhaps if it weren't called "justice system," we wouldn't be so surprised to find no justice in it.
The pain of losing her is greater than the pain endured the years we spent helpless to protect her from the Bank, the Lawyers, and the legal system preying upon her financially. The Predators are moving on to their next innocent, defenseless victim in the name of guardianship. God help that poor person, because the legal system probably won't.
We are now into probate negotiations. My Grandmother had two children: my Mother who gave up her life to take care of her Mother throughout her illness, and my Uncle who didn't give his Mother so much as an ounce of care or comfort when she needed him most, in fact spending his energy making it harder for my Mother and I and causing as much trouble as he could.
My Grandmother, prior to her stroke, wished to be fair to both of her children and she made her will out accordingly. Each child would share equally.
But her wishes, once again, were not to be.
As soon as the Bank was appointed, they began to probate my Grandmother's will ---- while she was still alive! Using a statute that did not legally apply, they successfully arranged for my Uncle to inherit 6% more than my Mother. How did they do this, you wonder when my Grandmother's will specified her assets be divided equally? They did it "legally" with a Court Order.
In theory, a financial guardian's job is to handle the financial affairs of the incapacitated person, protecting the incapacitated person's funds from unscrupulous dealings or people. Probate is not a financial guardian's business or concern. The financial guardian's job ends when their prey's life ends. But in my Grandmother's case, the Bank overstepped their bounds and got busy "probating" my Grandmother's will four years before her passing! They charged her thousands of dollars and the Judge who should have stopped them, instead signed the Court Order not only to change my Grandmother's wishes, but to pay the Bank and Lawyers for the evil deed itself.
So, now in probate, my Mother can fight for what is rightfully her inheritance --- and most of the money if not all of it will go to the Lawyers, or she can just give my Uncle what he so desperately wants. And if he wants more than 6% more, does she give him that to save herself more legal fees? My Mother loses either way. Is that what my Grandmother wanted? Certainly not.
In probate, the Lawyers once again run off with all the money. And they love a good fight because that's more money for them. When an unscrupulous Lawyer gets a goldmine like my Uncle who is out to get all he can and take advantage of his sister, well there's just more money to be made. The unscrupulous Lawyer can hardly get to the Bank fast enough.
If you're fortunate enough to have a Lawyer who is one of that rare breed who doesn't give lawyering a bad name, well that's not going to help you because he/she can't make the other side reason, do the right thing. or save you the expense caused by the opposing lawyer who has himself a greedy client willing to pay and pay any amount to win. Unfortunately, the old cliché is true: one bad apple spoils the whole bunch.
I don't know the answer here. We all like to think our Last Will and Testament will be honored, but that's just another disappointment of the legal system. Perhaps if it weren't called "justice system," we wouldn't be so surprised to find no justice in it.
