Twists and Turns
My father called tonight to tell us that She Who Shall Not Be Named is in the hospital in Texas with congestive heart failure. It’s certainly not necessarily a fatal condition, as my dad has gone through it no less than three times, but I’d be lying if I said that it didn’t cross my mind that it would be easier for me on the land issue I mentioned the other day if she ceased to exist before my dad does.
If that makes me a bad person, so be it. The two people I mentioned that to said that first of all I can’t help my thoughts considering how nasty she has been and that she has brought it upon herself.
If you want to know the story of the land issue, click:
So here’s the deal with the land. My maternal grandmother, along with three of her siblings, bought some land from some relatives. The land, and the mineral rights therein, was meant to remain in the family. My grandmother died before I was born and her share then passed to my grandfather and her children (my mother and my uncle). All three of them have since died. My uncle’s share went to his wife, who has passed away, and is now split between his three daughters (my cousins). My mother’s share went to my father and was supposed to, of course, be inherited by me and my descendants.
Now here’s the tricky part. The last will either of my parents wrote (before my father got remarried) was about 1978 or so, when I was still a child. In my mother’s will, she specifically states that should my father and I both predecease her, anything to do with the Texas land should go to my three cousins, so it is clear that she wanted it to stay in that branch of the family.
When my father got married, he (in his words) was pressured to make a new will that provided for their estate to be split equally between her four children and me - so I would get one fifth of the estate. You with me so far?
My father thinks I should get half of it and has indicated he wants me to contest in the event that it comes to that. Honestly, I don’t really care - it’s not like they have a huge estate or anything. Really, all any of us would get is the proceeds from the sale of their house, and I just don’t think it’s worth it to fight them over that.
HOWEVER, my mother’s land and the mineral rights? Well, THAT should ALL be inherited by me and Little Girl. So, what I want to happen is that my father transfers all the ownership or rights or whatever to me RIGHT NOW, so that I don’t have to deal with her should he die first. Because I have no doubt that she’d do whatever she could to screw me over just to spite me.
I’m kind of frustrated with my mother for not redoing her will after I reached adulthood. It would have made all of this SO much easier.
So, any of you out there with legal knowledge - how should we go about this? Keeping in mind that I’m in Arizona and the land is in Texas of course. Should my dad change the will or just hand the rights over (which to me would seem to be a lot easier).
I don’t doubt that I could win the case if I contested her inheriting the land and the mineral rights, but I don’t really want to have to spend money on something that is not (at this point in time) worth a lot (although that could change). To me, it’s just the principle more than anything. That land was my mother’s and it should be mine and Little Girl’s, NOT hers.
So, internet, what say you? What should I do?
Comment by Rochelle
January 5, 2007 @ 11:39 pm
I know a guy. We can have things “taken care of”.
::cough::
Comment by Theresa
January 6, 2007 @ 10:03 am
I think he should just tranfer ownership to you now, so there’s no legal hassles in the future. And forgive me, but I think it was nuts to make a will that gave you one fifth of their estate. Her 4 kids should have been made to split half. Period.
Comment by Barbara
January 6, 2007 @ 10:34 am
Everyone has to go sometime. I think you’re just wishing for an especially long time for your Dad.
Comment by MDV
January 6, 2007 @ 11:17 pm
God’s will…it’s sometimes hard to understand since He doesn’t necessarily provide us with a road map, but take care of what you can (our separate email conversation) and let Him Who Shall Be Named (GOD!) take care of the rest of your worries.
Comment by Melany aka Supermom
January 7, 2007 @ 1:49 am
Your dad should just change over ownership if that is what he wants and not leave it up to you once he has passed away. he HAS to know that there is a big chance that you won’t get the land! Or at LEAST change his will.