The Epic Saga of a Father's Death

My father died almost three weeks ago. Yes, it was sudden, and yes, it was heartbreaking. But now, as the fog is clearing, I’m realizing there is much work to be done and I’m feeling overwhelmed by it. And the unusual circumstances of his life aren’t helping.

A little exposition: my father–let’s call him Stu, for anonymity’s sake–was 65 and lived in a house that was recently paid off. Late in his life, he had a child with another woman, meaning I have a half-sister; let’s call her Julia. She and I are 20 years apart in age and are always cordial to each other but don’t know each other well enough to be “close”. Julia’s mother wasn’t around, so Julia’s grandmother–let’s call her Barbara–moved into the house to help raise her, since my dad worked nights, probably 50-60 hours a week. Still with me?

So Julia was raised by Barbara (her grandmother) and Stu, her (our) father. Stu and Barbara, as far as we know, were never a couple (because ew), never presented themselves as a couple, and do not live in a state where common law marriage is automatically applied.

Fast forward to present day. We have learned that my father had a sizeable life insurance policy, and has left 80% to Barbara, and Julia and I are to split the remaining 20%, leaving us both with 10%. We have not been able to locate a will. Obviously I’ve been dealing with my own emotions about the lack of equality regarding the payout, but hey, that’s what Dad wanted so that’s what Dad gets.

What concerns me now is the house. Barbara has indicated she wants to stay for a year, to get things in order and get used to the idea of Stu being gone. Julia informs me of this over text, not in a “Hey, is this okay” way, but in a “Hey, this is happening” way. I’m a sensitive guy, and I’m not about to tell a 70-year-old woman she has to vacate the premises, but isn’t that a little much? Then Julia tells me she’s set up an appointment with a lawyer next week. I live 1,500 miles away, which of course is not her fault, and I’m glad she’s getting things done, but I’ve tried to do what I can long-distance, and I don’t like the fact that I’m being told of these things after the fact, not before. Tell me if I’m overreacting, seriously.

It just seems to me like it’s Barbara and Julia, and then there’s me. When it should be Julia and me, and then Barbara. She’s already getting most of the life insurance; if he wanted the house to go to his children (or if it does automatically because there’s no will), then should she get another year’s worth of free rent, after living there rent-free for the last 20 years? She never worked; he paid all the bills while she helped raise Julia. I don’t suspect anything fishy; it’s not like she moved in last year and he died under suspicious circumstances. There was obviously love there, even if it was of a platonic nature. But at this point, shouldn’t she say “I need to get out or pay DooWahDiddy his half of the house’s worth”? Or no? Julia is extremely protective of her, being her main maternal figure, and says it’s her right to choose when she leaves.

Guys, do yourself a favor. If you have kids, make a will. Or even if you don’t, I dunno. Just don’t die or something.

Can Barbara buy out your half of the house with her 80%?

Several people have asked me that, but the thing is, I don’t think she has any desire to stay there indefinitely. None of her kids are there; she has no reason to be in that town. But she wants the year to “spend time around him”, sell things she’s not keeping, etc. So I guess she could buy out my half now, and then when she sells the house, keep my half? I don’t know, maybe.

My condolences for your loss.
Regarding the disposition of your father’s estate, I can’t give you detailed advice other than get your own attorney to represent your interests (based on what my former next door neighbors went through a couple of years ago in a similar situation). As far as the house goes, my guess is that as part of the estate, it will either need to be liquidated or you and your sister will need to decide who buys out who. In the mean time, hire a lawyer to represent your interests for you since you live too far away to deal with it directly yourself. And don’t let the house drag out too long. It took 10 years to close out my grandmother’s estate because my mother and my cousin inherited the house jointly and Cousin dithered and couldn’t or wouldn’t decide what to do. An open estate still requires income and generates expenses.

ETA just in case I didn’t mention it, I think you need to hire a lawyer to represent your interests in this matter, sooner than possible if possible.

EETA no it isn’t her right, no matter what your sister “feels”

Just to be clear, Barbara is the mother of Julia’s mother? She’s not Stu’s mother?

That aside, you’re probably not going to like my opinion. Because I feel Barbara has earned a good share of Stu’s estate. Yes, she was living in the house rent free. But she was also providing a couple decades of child care. Think of her 80% of the insurance as her back pay.

I don’t think she should be given the house. But having lived there for twenty years and being seventy years old, I think a year is a reasonable amount of time to give her to make new living arrangements. I would agree she should pay the household expenses during this year.

During the year, she’ll be able to find a new place to live and settle the move. Then you guys can sell the house and decide how to split the money from the sale.

I agree with guestchaz that you need a lawyer.

I’m so sorry about your dad. :frowning:

I sort of agree with this, except that even more important than thinking of the insurance money as her “back pay” is the fact that, for whatever reason, your dad wanted her to have it, so that’s that.

A year seems too long, though, especially since Barbara presumably doesn’t have any immediate financial worries thanks to the insurance payout. She can afford to move someplace comfortable and convenient, yes? So I might try to compromise with Julie/Barbara - “a year is too long; what about 2 months?” Then settle for 4-6 months.

My condolences on the loss of your father, DoWahDiddy, and you have all my sympathy on dealing with the administrative stuff. I was the executor of my mother’s estate when she died; the retirement community she had recently moved into had required her to fill out a form that included a question, “where do you keep your will?” When I went to find it, there were 3 or 4 wills for her and my dad, none of which were anything resembling up-to-date with respect to my mother’s assets and potential heirs. Thanks Mom!

In the event, I got VERY lucky and all the stupid bureaucracy worked out almost magically well. But it could have been a nightmare, and even as it was, the whole thing was a source of considerable stress. Hang in there. Hopefully you’ll be able to get everything settled within a few months.

When my Daddy died, out of 8 kids I’m the one who got stuck with all his crap and house and vehicles. There was some money and a policy that we split 8 ways. But no one wanted to deal with his stuff. I lived near him so I got the job. And job it was, I sold, gave away, and trashed a bunch of his 86 years worth of things. Finally sold the house and cars. I got absolutely no credit for this. It took 2 years and my sibs groused and moaned about it til I finally went unhinged on them last Thanksgiving, I won’t have to talk to them about again after that tirade. They never ask about it now. The moral is, you and your sister and her grandmother will never completely agree on it all, watch your own back and get that lawyer, quick like.

Thanks, guys. Totally and absolutely agree that if Dad wanted her to have the 80%, as he clearly did, then she should get the 80%. I would never fight something like that, after of course checking out the forms myself and making sure it wasn’t amended six months ago or anything.

As for it being back pay, I do get that, but my Dad left us when I was 8, and it wasn’t until I was adult, when he had Julia and Barbara moved in with him, that we started to mend fences and become friends. And by “mend fences” I mean I had to let go of a lot of anger and start over with him. And I’m glad I did, because the last 10 years were the best, and we actually became pretty close. But there are a lot of emotions mixed up in this, because what about my back pay? You’re leaving 80% to a woman who helped raise your child for 20 years, but what about not being there for the child you’ve had for 40?

Eh, whatever. Writing this out is helping, haha. But a recurring theme I see in your responses is that I need a lawyer of my own. I’ll have to look into that; never needed one before. Would I get one in the state I’m in (snerk), or the state where the house is?

The bottom line is that I’m truly less upset by the money and payout percentage than I am about being told after the fact that appointments have been set, people have been hired to fix up the house a little, etc. It seems like Barbara and Julia are making those decisions, when it should be me and Julia. For all I know Barbara encouraged Julia to make an appointment without me so she could get the lawyer to appoint her as the executor of the estate, and give it all to Barbara. Do I think that’s what’s happening? No, probably not. But I have no idea. Is that even possible? Could the court say, “Well, DooWahDiddy is 20 years older, but Julia and Barbara lived in the house for 20 years. So it’s theirs”?

I might become a day drinker.

I’m so sorry for your loss and I wish you peace. I think the advice about getting a lawyer is spot on. They’ll be able to help you weed through the estate in a practical way. It would help to separate your emotions from the administrative part of the estate, when you can. It takes a lot of gut checking to know when it’s ok to be emotional and when it’s time to do business. Best of luck.

I think you need a lawyer in the state where your dad died. I’m so sorry you’re going through this.

I would discourage you from letting Barbara continue living in the house. No matter how nice you want to be, that one year can easily turn into forever. There are many tenant laws that can get complicated if that becomes her residence. You might have to go through a complicated eviction process if she decides she wants to stay longer. Plus, there’s the issue of who pays for maintenance during that time. If the roof leaks or the AC goes out, who pays to fix it?

If there’s no will, Barbara likely won’t have any claim to the estate. If she wants to stay in the house, let her buy out your equity and then her and Julia can do whatever they want. But remember, you are also likely are entitled to 1/2 of the property in the house as well.

I’m sorry for bumping my own thread, but now the bills for the funeral service are coming in. $5,000 here, $2,500 there, $800 here, $250 there. Am I a jerk for thinking Barbara should pay for these? I’m not trying to skirt my responsibility, but she is getting a quarter of a million dollars. And she does want to stay in my father’s house for another year. Maybe I should proffer a deal; she can stay in the house for the year if she pays these expenses? Or is that inappropriate? Ugh, I’m lost.

What other savings did he have? Bank account? IRA? Those are what should be used to pay the bills assuming there’s money in those accounts. It shouldn’t have to come out of your pocket.

You really need to get an executor declared. That will likely be you or Julia since there is no will. Contact the probate court in your state and see what they recommend. Once there is an executor, they can get access to his checking/savings/IRA accounts and start paying the bills with whatever money. If it ends up being Julia, then she gets to call a lot of the shots, but she still has to follow the law.

Since Barbara isn’t in the hierarchy of beneficiaries, she doesn’t get to call any shots. The estate will go to you and Julia and should be split evenly. Don’t ask Barbara to pay for anything since it will just complicate things later. If Julia wants to keep the house for a year, let her buy out your 1/2 of the value of the house. Then it’s Julia’s to do with what she wants. Act like Barbara and her money don’t exist.

If the estate doesn’t have enough cash to pay these immediate bills, I think you can pay and then your share of the estate goes up. So if you spend $10000 for funeral expenses, then you should get an extra $10000 from the estate when it’s disbursed. (as always, check with a lawyer to be sure)

One more thing. If Barbara or Julia are accessing the money in his bank account and they’re not listed on the account, I believe that’s illegal. The executor contacts the bank with the death certificate and then the executor will be granted access to the account. Even if they are listed on the account, they may be limited as to what they can use the money for since it’s part of his estate.

Thanks filmore, this is all good advice. We only just two days ago received the death certificates. Up until now no one has been able to do anything, pretty much. Barbara and Julia aren’t on his accounts, so even finding out whether he had an IRA, etc. has been challenging. But now that we have them, she is going to his bank to take care of that stuff. But yes, I will expect to see a printout of what he had.

As for the executor, that’s the problem. Julia set up an appointment for a lawyer next week and I’m afraid he’ll appoint her as the sole executor just based on the fact that I’m not there, and/or the fact that she lived in the house for 20 years. I asked her to please include me in things like that by letting me know before she makes those kinds of appointments, not after, and it turned into kind of a “thing”. I asked her to see if I can Skype in to that meeting, so we’ll see if we can make that happen.

I agree that Barbara shouldn’t get to call any shots, but here I am, being told she’s staying for a year. And with Julia, who is as much his child as I am, supporting her so strongly because she’s her maternal figure, it’s not an easy fight to win. Not that I’ve said anything yet, other than “It would have been nice if you had presented that as a question rather than a statement or demand”. Because as I said, it’s one thing to bitch about it to my wife or on here, but it’s another to tell a 70-year-old woman she has to get out.

Were you the person who made the arrangements and signed to accept the cost. If not, then those aren’t your bills.

No, I flew down a few days before the funeral and everything was already arranged. But I believe my grandmother paid for everything, and she deserves to be reimbursed. Maybe that answers my own question; if my grandmother deserves to be reimbursed, then maybe Julia’s grandmother deserves to stay an extra year.

I think you really need to get your own lawyer in on that meeting with Julia’s lawyer. You need representation where they live. It sounds to me like Julia plans to call all the shots.

IIRC, a court needs to name the executor. Even before you get local representation, there’s nothing stopping you from calling the clerk of the court in the county where your father lived, and asking what the procedure is for naming an executor when the decedent died intestate*.
*Lawyer-speak for ‘without a will.’