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Moonliner 07-26-2006 11:59 AM

Quote:

Originally Posted by Not Afraid
My Mom had a will and a trust which was supposidly not contestable. However, because she made a holographic codicil, it became contestable - or the slut attorney made a successful bid at contesting.

What she thought was iron-clad became jello.

I'm sure NA already knows all of this, but for anyone else that's interested...

Quote:

Originally Posted by Smart Lawyer Type

A will written entirely in the handwriting of the Testator is called a "Holographic Will". Thus, a single piece of paper that says nothing more than "This is my last Will. I give all that I own at my death to XXXXX", and that is dated and signed, is sufficient to be a valid Will. However, if any part of this writing is not in Testator's own handwriting, it will be held invalid. In addition, upon Probate of the holographic will, the court will require proof of a person familiar with the Testator's signature to proof the genuineness of the document. A holographic will does not have to be witnessed.

In NA's case I'd guess that the Evil one argued that it was NOT her moms signature.

Capt Jack 07-26-2006 11:59 AM

there are provisions you can add to wills and other estate handling that heads that off somewhat. something to the effect of 'any and all parties contesting the content and intention of this document cannot be awarded any sum or property, personal or real valued at greater than $1'

Not Afraid 07-26-2006 12:17 PM

Quote:

Originally Posted by Moonliner
I'm sure NA already knows all of this, but for anyone else that's interested...



In NA's case I'd guess that the Evil one argued that it was NOT her moms signature.


My Mom made a couple of holographic codicils to her will. One was removing my sister from recieving any material posessions. The second was removing my brother as execetor. The whole family agreed - at first - that the codicils were written in a moment of drug-infused madness and that we would split everything evenly between the 4 of us, material posessions included.

However, when my sister decided then she needed MORE than the rest of us, the trouble started. She hired a lawyer slut, my Brother fought her and went ahead with the distrubution of money and stuff, but my sister refused to cooperate. It became a battle of wills between my brother and sister.

There was a contestation clause, but, somehow, the judge overruled it. There are lots of other details and horror stories, but I really have blocked a TON of it out of my mind. It was an AWFUL 2 years.

Funny side story - I was on the phone to my SIL and my evil sister was trying to get through to my brother (they did not have call waiting). She called me and actually ORDERED me to get off the phone so she could call my brother. Uh, I don't think so. CONTROLFREAKBITCH!

tracilicious 07-26-2006 12:18 PM

Quote:

Originally Posted by wendybeth
Maybe she just doesn't want him to be disappointed?


Perhaps a bit of that, but mostly just that she doesn't approve of fantasy. You should hear her go on about the tooth fairy. :rolleyes: It would have been pretty disappointing if I had told him he can't grow up to be another species before he's ready to hear it.

BarTopDancer 07-26-2006 01:33 PM

Quote:

Originally Posted by tracilicious
Perhaps a bit of that, but mostly just that she doesn't approve of fantasy. You should hear her go on about the tooth fairy. :rolleyes: It would have been pretty disappointing if I had told him he can't grow up to be another species before he's ready to hear it.

Sheesh. What kind of mom are you?! Not letting your son grow up to be another species. :rolleyes:

Next think I know, you'll be telling me you're going to let your children wander around Disneyland without you when they are older. :p

katiesue 07-26-2006 01:57 PM

My best friend sat her daughter down when she was I think 7 and told her the tooth fairy, santa, easter bunny etc were not real because she was tired of having to set it all up :(

BarTopDancer 07-26-2006 02:21 PM

Quote:

Originally Posted by katiesue
My best friend sat her daughter down when she was I think 7 and told her the tooth fairy, santa, easter bunny etc were not real because she was tired of having to set it all up :(

That is just wrong and sad. I was raised Jewish and my parents let me believe in all of that, including the Easter Bunny and Santa just so I wouldn't spoil it for the other kids. Of course that created a whole other set of issues, like why didn't the Easter Bunny come visit me. And why didn't Santa come visit me.

cstephens 07-26-2006 02:38 PM

Quote:

Originally Posted by Not Afraid
Funny side story - I was on the phone to my SIL and my evil sister was trying to get through to my brother (they did not have call waiting). She called me and actually ORDERED me to get off the phone so she could call my brother. Uh, I don't think so. CONTROLFREAKBITCH!

Totally none of my business so feel free to not answer, but I figured I'd ask anyway - how much contact do you have with evil sister? After everything that happened, I think I'd have a hard time having anything to do with her.

I have four siblings, all older. Most of my friends know about two of them (brother and sister). Some of them know I have a second sister that I don't have much contact with (couldn't be bothered to come to my wedding even though she only lived 15 minutes away from the wedding site and had been angry previously that I had the money and ability to go on vacation once a year and she didn't, never mind that I was single and had a decent job and she was married with three kids). Most don't even know I have another brother because I almost never talk about him. After multiple things happening in the past, I pretty much cut him off. I only sent a wedding invitation at the insistence of my mother, and I knew he wasn't going to come anyway. Couple years ago, he pulled something else and ended up freaking out my mom, which really pissed me off partly because I had to talk her down, and I ended up having to do something nice for him not because I wanted to but basically to calm down my mother.

Not Afraid 07-26-2006 02:55 PM

Quote:

Originally Posted by cstephens
Totally none of my business so feel free to not answer, but I figured I'd ask anyway - how much contact do you have with evil sister? After everything that happened, I think I'd have a hard time having anything to do with her.

I have absolutely no contact with her, nor does my Brother and other Sister. She basically lost her entire family with this little stunt. I hope it was worth it to her, but I don't need this kind of BS in my life for any reason - even if they are family.

This also shows why I have very littel tolerance for BS among other people in my life. I've had more than my share and don't care to experience more.

tracilicious 07-26-2006 03:27 PM

Quote:

Originally Posted by BarTopDancer
Next think I know, you'll be telling me you're going to let your children wander around Disneyland without you when they are older. :p

Indi tries to do that now. :rolleyes: Anytime we were taking too long eating, resting, whatever, he would simply get up and announce his intent to go ride the train, or Dumbo, or whatever, and then start walking away as if he knew exactly where he was going. It's in his genes I guess. :p


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