Can my dad get what's rightfully his?

d1abolic

Banned
Sep 21, 2001
2,228
1
0
I remember hearing stories about "the money" ever since i was a kid. The money that was waiting for my dad, the money that he would eventually receive, and later on, the money that made enemies out of him and his sister. It all started in the early early 30's when my great great uncle left Russia to find a better life in America. He married an older widow who eventually died and left him a fortune. He then used the money to open hotels and restaurants in New Jersey and became a millionaire.

Fast forward to 1989, the year we learn that the uncle has a middle-aged grand-daughter who also lives in Russia. He wanted her to come live with him, but didn't want her to go through the process alone. So he remembered about his grand-niece, my father's sister, and invited her to keep his grand-daughter company. She agreed, went to New Jersey, and convinced him to include her parents and their children in his will. She told him that since she is the only one of those people living outside of Russia, the best way to make sure everyone gets an equal share would be to leave it all to her and let her divide it equally when the time comes.

The uncle died in '94, leaving us $250,000. At the time, everyone knew that the plan was to divide it all between 5 people, and everyone trusted eachother - there was no need for the uncle to specifially state how the money is to be divided in his will. But everything changed when he died. Sharing the fortune with her two brothers and her parents was the last thing my aunt wanted to do. She did send $20,000 to her parents in Russia, but it was unclear what happened to the other $80,000 that was ment for them, or the $100,000 for my dad and his brother, who never received a cent.

In 96, my father finally brought us to Canada, where his sister also moved after she was refused citizenship in USA. Three years later, my grandfather died in Russia, and my grandmother came to live with my aunt here. In 2000, probably thanks to my grandmother, my aunt finally decided to talk. She told my dad that she only received $60,000 of the $250,000 and that she would give him $20,000 of it. Supposedly, $190,000 went to lawyers who had to battle the uncle's step-son for the money. But my dad was happy to get at least something, and patch up his relationship with his sister. But then, when it seemed like the story would have a happy ending after all, my uncle, who owed a large amount of money to my aunt, went bankrupt in Russia. She realised that she will never see a cent from him, and giving $20,000 to my dad would mean that she would lose twice. So the found a way out and told my dad that he would receive his money when her brother pays back. She bought a house, and supposedly can't spare $20,000. But my dad's brother is broke, and he will never pay back.

So what happens now? It looks like it's up to me. My dad has had to deal with this for the past 7 years and he is tired - he no longer wants to fight. At the very least, we're talking about $20,000 here. That is of course, if the aunt was telling the truth, and $190,000 was indeed given to lawyers. But knowing my aunt, i doubt that is true. My grandmother also told my dad that in the last minute, the uncle also decided to leave us 1/5th of his estate. Apart from that, we have no knowledge of whether that really happened or not, but if it did, we're talking about far more than $50,000 here. So i can do two things: sit on my ass and wish that my great great uncle was more specific while writing his will, or try to do something about it. I want to fight: whether it's $20,000 or ten times more, i want to take it from my aunt because it is rightfully ours and because of what she did to him. But what can i do? There is no paperwork that states that anything belongs to my dad. Yes, there are people who know about it, mainly my father's brother and his mother, but his brother is hiding from his creditors somewhere in Russia, and his mother is too old to go against her daughter's will. Is there anything i can do?
 

gogeeta13

Diamond Member
Dec 31, 2000
5,721
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0
wow, that's a whopper of a story. These incidents are always hard. All I can say is make your friends close, and your enemies closer
 

vi edit

Elite Member
Super Moderator
Oct 28, 1999
62,403
8,199
126
That's what I call a f_ckjob if I've ever heard one. True colors really come out when some rich old bat kicks the bucket and the dogs are left to fight over the scraps.

The best I can tell you is to seek out an attorney of your own. I would certainly look up inheritence laws in your area. In the states, inheritence laws very GREATLY by state. Some states favor one inheritor over another, and depending upon where you have your trial at, you stand a better chance of winning.

Stories like this just want me to write in to my will that all of my liquidible assets will be donated to cherity or a local needy institution of some sort. No senseless fighting then.

Best of luck, you're going to need it
 

Wallydraigle

Banned
Nov 27, 2000
10,754
1
0
No, your father will never get what is rightfully his. Chances are he will never see any money, and he has already lost several years dealing with this that he will never get back, so I would say no. I have a personal saying and that is, "The only thing worse than friends is family." It's not always true but in my experience family will stab you in the back way before a friend will. And it's usually over something as stupid as money.
 

d1abolic

Banned
Sep 21, 2001
2,228
1
0
I don't think i can afford an attorney. I'm only 18 and all i have is a few thousand in the bank. My parents aren't rich either, they just bought a house and every cent of their money was used as a down payment. The thing is that if i were to take her to court, my aunt would just deny everything and say that $250,000 was for her and her alone. And how am i going to prove her wrong? I was thinking that one thing i could do is get my father to engage in a long conversation about the money with her and record it: either by connecting my phone to my PC, or placing microphones in the living room of my house. But is that legal? Can that be used as evidence in a Canadian court?
 

jshrieve

Member
Nov 14, 2001
112
0
0
imo, don't waste your time fighting over this. As someone else said, your father lost years of his life fighting this fight.

I wouldn't waste any of my life fighting it. If you do, it'll probably always be a sore point in your life.
Forget about it, work on doing the best you can with just you. Many of us never ever had the hope of any inheritance at all.

I doubt any secret recording of a conversation would do any good. No sworn statements, she could have been coerced into saying that, been playing a game, etc.

If you really want to fight it, I'd hire an inheritance lawyer and get his take on it. Chances are he'll say nothing can be done. Maybe he'll say there's a chance. Either way, it'll cost you time and money. That's time your extra energies will be distracted on a stressful fight, instead of being put into making your life better or more fulfilling.

Sorry and good luck.
 

Jfur

Diamond Member
Jul 9, 2001
6,044
0
0


<< imo, don't waste your time fighting over this. As someone else said, your father lost years of his life fighting this fight.

>>

 

ImTyping

Banned
Aug 6, 2001
777
0
0
Look at it this way: If your father had worked p/t at McDonald's for those 7 years and banked each check he would have more than 20k in his savings account now. If he had put it into a mutual fund making 7 percent he may have a LOT more than that.

Fighting over scraps is a waste of time. When my dad died, I told my older brother to just send me his fishing equipment, and I did not care what happened to the rest. About a year and a half after he was buried, I got a check for about 4,000 bucks. I have no idea how much my dad's estate was worth and I don't care.

Getting lawyers involved in a case like this is just going to make it worse, imo.

Tell your dad to walk away from it.
 

cyclistca

Platinum Member
Dec 5, 2000
2,886
11
81
Yes you could get the lawyers involved but in the end I think the only one that's going to profit from this is them. It's always best when it comes to things like money and property to get everything in writing. That way at least you have something to go to court with. With just your word agains hers I think you don't have much of a case.

Yes it sucks.:|
 

Russ

Lifer
Oct 9, 1999
21,093
3
0
Why do people assume that a deceased relative's assets are "rightfully theirs"? They did nothing to earn them.

When my father died, I found out about it by way of a letter from an attorney seeking information about his estate. This attorney was hired by my brother to make sure he got his slice of whatever pie was available. I told the lawyer that he would get no cooperation from me, and that the only thing more disgusting then my slimeball brother was this lawyer's willingness to take the case.

Russ, NCNE
 

yerkel

Member
Nov 13, 2001
112
0
0


<< Fighting over scraps is a waste of time. When my dad died, I told my older brother to just send me his fishing equipment, and I did not care what happened to the rest.
Tell your dad to walk away from it.
>>



Very classy.
 

d1abolic

Banned
Sep 21, 2001
2,228
1
0


<< When my father died, I found out about it by way of a letter from an attorney seeking information about his estate. This attorney was hired by my brother to make sure he got his slice of whatever pie was available. I told the lawyer that he would get no cooperation from me, and that the only thing more disgusting then my slimeball brother was this lawyer's willingness to take the case. >>

You didn't know that you father died until the attorney sent a letter to you? How did that happen?
 

ImTyping

Banned
Aug 6, 2001
777
0
0


<< Why do people assume that a deceased relative's assets are "rightfully theirs"? They did nothing to earn them.

When my father died, I found out about it by way of a letter from an attorney seeking information about his estate. This attorney was hired by my brother to make sure he got his slice of whatever pie was available. I told the lawyer that he would get no cooperation from me, and that the only thing more disgusting then my slimeball brother was this lawyer's willingness to take the case.

Russ, NCNE
>>



So much for Republican "Family Values" hehe.

If the person leaves no will, who DOES have the "rights" to the assets of the deceased? The state?

As far as "earning" assets are concerned...I could regale you with stories of the cousins on my wife's side who constantly put up with my maniac mother in law simply because she has money. They think that they are "earning" a piece of the pie simply because they put themselves out to be around the MIL. Thankfully my wife has told them, to their faces, what she thinks of such despicable behaviour.
 
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