I was going to take a trip to Scotland :-(

[Rogerson785]

This is sort of off topic, but the money I earned from the rental property and $25,000 I was going to use to take a trip to Scotland and buy several nice kilts.

Monday I received a letter from my probate lawyer stating that the check that was issued to my father was going to be re-issued to me, so that additional $25,000.00 was going to go into the estate. Well today, I received this e-mail from the legal assistant.


----- Original Message -----
From: Chris Mecca <meccaman@uci.net>
Date: Thursday, May 15, 2008 11:42
Subject: RE: RE: RE: Message received by your FirmSite - http://www.christophermecca.com/StaticForm.shtml
To: "'Rogerson, Christian P SSG MIL USA FORSCOM'" <christian.rogerson@us.army.mil>
> Hi Chris -- It is a different claim -- much more substantial -- over
> $100,000.
>
> Marilyn Reckner, Probate Paralegal
>
>
>
This was my reply: OUCH! I bet these are medical bills.
Well I guess I will have to sell the land, it is worth about $140,000; because I will not declare bankruptcy, my credit is too good.
Chris

I have put in about $1,000.00 into this process and have not made any gains; I thought I was doing the right thing even though he was my estranged father, now all I want to do is tell the funeral home to flush his ashes that I paid $600 for down the toilet!

[Galician]

It certainly looks like a messy situation, but I believe that you did the right thing, even if it is costing you something.

[MacMillan of Rathdown]

Might I suggest you ask for an audit of the estate?

After three years of wrangling and two audits my mother-in-law suddenly found herself richer by nearly $1m. That's right, almost seven digits. If I were you, and with things coming outta the wood work faster than a fat man going down hill on a bicycle, I'd consider seeking a second legal opinion.

[ChattanCat]

Sounds to me like you are still $40k in the black!

[Rogerson785]

No more $50 to $75 dollar Scottish Whiskies for me , and I guess I had better start drinking Coors Light instead of the good Micro-Brewed beer.

[Dukeof Kircaldy]

Don't ask me for an opinion as I do criminal defence. Besides, this doesn't sound like enough info for even a basic opinion even if I did estates. I would need to know more about the estate's assets v. its liabilities. Also, do you wish to keep this land. Otherwise, Chattancat may be correct in that you are US$40k in the black.

There are too many issues here for a simple solution. Besides the forum rules say no legal advice. And I am a criminal defence barrister.

Now, if you had been caught breaking the law....

[Rogerson785]

Duke of Kircaldy,

No legal advice needed, the five acres are worth more than the 1952 mobile home about $148,000, and yes, I planned on keeping the property because there is an existing country club across the road and its expanding. Oh, I will fight hard for what is mine or what is owed to me.

Still going to flush his ashes down the toilet, not very brotherly of me but he has it coming, even in death, he never paid my mother child support. Next thing is I am going to get a bill from the state of California for child support not paid to my mother and I will be cursing if I am going to pay for my own child support!

[Coemgen]

Regardless of the state of things you've been left in, I'd still say De mortuis nil nisi bonum dicendum est, but then, I'm an overly nice guy.

I've got no opinion on the matter as presented other than that, were I in your position, I'd just do what I had to to pay off the debt and not go into bankruptcy. Oh well. C'est la vie.

[Beertigger]

Bankruptcy?

I'm aware the prohibition on legal advice, and I'm certainly no lawyer, but I don't believe one can inherit a debt.

An estate can certainly be encumbered by one, but the sins of the father don't accrue to the son....

Personally, I've never taken any of the - relatively - small amounts of cash I've inherited for granted. I didn't work for it, somebody else did.