Estate battle can lead to family war
The man died in 1968, without a will, and the antlers were still there in 1973 when one of his sons took them. The son's siblings knew he had taken the antlers, but they didn't think much of it at the time.
Years later, those same siblings ran across a newspaper article referring to the "world class" and highly valuable antlers their brother possessed. The siblings were angry and demanded the return of the antlers.
The son wouldn't budge.
The siblings hired an attorney and sued their brother.
He still wouldn't give up the antlers.
A judge heard the case and ruled that all seven children in the family had an equal right to the antlers because their father had left no will.
The brother still wouldn't give them up and ended up serving more than 10 days in jail for contempt.
All of which goes to show that siblings will fight over anything when it comes to a parent's estate.
But Les Kotzer, an estate planning attorney in Toronto, says it doesn't have to be that way.
I have previously mentioned Les' book "The Family Fight: Planning to Avoid It," which was written to help parents plan their estates to avoid conflict among their children. Now he's back with a new book, "The Family War: Winning the Inheritance Battle," written with Jordan M. Atin and Barry M. Fish.
When he goes on national radio shows, Les says, he hears the same concerns over and over again. People think their mother's will does not reflect what she really wanted because she was pressured by one of her children. Or one sibling is going to attack a parent's will, and other siblings want to know how to defend it. Or a beneficiary listed in a will can't get any information from the executor and wants to know her rights.
For some of you, such questions bring back remembrance of personal experiences. But these issues should worry everyone. Les says that, as more boomers, many of whom are spenders with debt, inherit from their Depression-era parents, many of whom were savers, such battles are bound to escalate.
"The first comment (we hear) is, 'This can never happen to us. We're not rich. We rent. We're employees, not employers,"' Les says. "We walk you through how this can happen to you. For example, does one child have a joint bank account with Mom, and the others aren't on it? Or there's a painting above Mom's fireplace, and everyone loves it. Who gets it when Mom dies?"
The new book starts with a list of 21 warning signs that a family war may be in your future. Then it moves on to a selection of real-life family war stories, like the antler tale related above.
Comments
- Myths harmless, unnecessary 10:17 a.m.
- Reactions on Boozer speculation 10:15 a.m.
- Obama and pope hold first meeting 10:11 a.m.
- Stocks falter 10:10 a.m.
- Springville may allow chickens 10:08 a.m.
- Man admits slaying in cold-case 10:07 a.m.
- Armstrong drops to 3rd at Tour 10:04 a.m.
- White is underestimated in garden 10:03 a.m.
- Super glue: It's holding us together 9:49 a.m.
- Feillu wins 7th Tour stage 9:48 a.m.
- Jazz talking Boozer trade?
- Stadium of Fire flag burning was fake
- Jazz in back of line for free agents
- Okur signs two-year extension
- A primer for the 6th Potter film
- Jazz won't meet Lopez on Europe trip
- Restaurant destroyed by fire
- Mall owner seeks to retain zoning
- Jazz rally for OT win at Orlando
- AK will not play for Russia this summer
- Bronco collecting a galaxy of recruits
140 - Letters: Palin mistreated
137 - Teachers struggle with district cuts
135 - Blazers may offer Millsap a contract
123 - Jazz talking Boozer trade?
106 - Fairness of BCS debated
81 - Moon landing: Let's hear from you
78 - Chaffetz eyes challenging Bennett
73 - Services bids farewell to Jackson
70 - Letters: Single-payer system best
69
By now you've probably read about the investigation that showed just how...
The photographs are mysterious, brooding, dark. They show dimples and...
Actually come to think of it Webster would be an awesome fit in the Jazz...
YOU WANT THE GOVERNMENT TO WIPE YOUR NOSE EVERY TIME YOU SNEEZE, THEN THE...
Might as well plant corn, or something else to utilize the ground while we...
Apollo Sun Millsap started 31 games last season and averaged 16 and 10....
In Kalifornia they need to purge the welfare rolls, cut off free health care...
Brother Chuck, attacking Jesse Jackson on this is a new low for you.
As a percentage of the state population, New Mexico has the highest...
RC Willey is a credit institution that happens to sell furniture. Their ads...
All you geniuses. After five months, you expect the economy to turn around...
That is a great price tag for a PF/C with the tools that Okur offers. He...



You can be the first to comment on this story.