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Has anyone been though this?

Discussion in 'Non-Vegas Chat' started by CinnamintStick, Jul 14, 2012.

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  1. CinnamintStick

    CinnamintStick High-Roller

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    My son in law got a E-mail from his Father X girlfriend saying that his father had died that night and wanted her to have everything. Asked for him to sign a paper that he wanted nothing. Isn't that a nice way to be told of your fathers death?

    He was 49. She says he died of a heart attack at home (Georgia). Some of the details keep changing.

    The X girlfriend had been living in his house because she had nowhere to go and no money.

    A little background. My Son in law lives in Ca and has not seen his father since his parents divorce when he was three. He is his only son. He never really knew his father other than a few phone calls, Emails and Facebook the last few years.

    On June 30th he wrote a bucket list on Facebook saying the #1 thing on his bucket list was to he was going to get on his bike and ride to CA. to go see his son and Grandkids (3). There was a few other things like read the bible and get odd jobs on the way. He was out of work at the time. But he died 6 days later. I was healthy before so the bucket list dose not make since.

    The funeral was a nightmare for poor Kenny. So at the funeral the x is calling herself his wife. The Loving Grandmother is telling him he owes her for the funeral. They where never married. The military flag was even given to her. She is in the house and refuses for him to come in. It would have been nice if she gave him some memento of his father.

    From what we understand she says she has a unsigned will that came off his computer. I figure that means nothing. So why does she want him to sign if she claims a attorney told her it is legal. Who sees a attorney the same day someone dies? We can't even get someone to call us back.

    Kenny would be his heir if there is no will. He could have a will but she won't let anyone look. I don't think his dad had much. The bike, truck, house and $2,000 in the bank that the X and Grandmother already tried to take out. He did have credit card debt so I am not sure there would be anything after Probate. I think his personal belongings is what Kenny wants. The x wants the house and bike.

    How long is this girl going to be allowed to live there? Will the banks get her out or do they care? I don't think she can afford utilities, so I am sure she will start selling off his things.

    I really need this trip coming up. The Grandkids have been great but this has even been tough on all of us.
     
  2. zamboni

    zamboni VIP Whale

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    Wills need to be signed in front of a notary and an attorney I believe. That will she has off the computer is nothing more than fireplace kindling and would never stand up in court. Your son in law needs to call an attorney where this is all taking place and she will more than likely get removed from the house.
     
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  3. leo21

    leo21 VIP Whale

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    First of all, unless he arranged the funeral and signed contracts to pay for it, the costs aren't his problem. If his father had any money, it should go to cover those expenses. This chick expects your SIL to pay the funeral costs out of pocket and give her all the assets? Laughable!

    He should probably get a lawyer, for no other reason to make sure he doesn't end up with liabilities from this mess. And if he can locate the correct documents, the police will help him evict her. There is no way she is getting the house unless her name is on it and there is no reason to negotiate over it if she can't pay the expenses for it. She sounds like the type who will be coming back for a handout later on to hang onto it.

    It is possible that this guy wanted his girlfriend to have his estate. But it doesn't sound like that's what going on. Sounds like she's up to no good.
     
  4. sammowhammo

    sammowhammo VIP Whale

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    He needs a lawyer- she may be claiming Common Law Marriage if they met the Georgia requirements for Common Law prior to 1997 and never got formally divorced she may be the wife - not the X girlfriend.
     
  5. Terry Benedict

    Terry Benedict VIP Whale

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    For the record, I have NO EXPERIENCE in this, so here is my uneducated opinion:

    Option 1: Do nothing except let the state and county know he died without a will and he expects the assets to be frozen until probate. This costs nothing.

    Option 2: Hire a lawyer to keep an eye on things (the condition of the house) and advise. This costs money, possibly more than he will inherit.

    Something to think about: You don't say how long the father was with the woman. Their relationship is something for your son in law to consider. It may have been deeper than with his son. You do say his relationship with his son was only the last few years. Maybe he did want her to have it all, but didn't think to get it signed. Who wants to admit they may die next month? We have a Vegas trip planned, right?

    I'm sorry you have a big family drama, I know it must be difficult.
     
  6. LucyR.

    LucyR. VIP Whale

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    Kenny needs a lawyer

    Kenny doesn't have to pay a penny for the funeral. He doesn't have to pay his father's bills either. If his father was not married Kenny should inherit everything his father owned.
    Kenny should call the cops to kick out the ex-girlfriend out of the house.
    She is not a blood relative or was married to his dad. She doesn't have any rights. Plus, she is flat broke and doesn't have the money to pay for a lawyer.
    Please tell Kenny to make a deal with the lawyer stating that after Kenny sells the house the lawyer will get paid for his services. I am guessing that
    Kenny doesn't have the money to pay for a lawyer.

    Cinnamon, I understand how you feel about the ex-girlfriend being so cold blooded in telling Kenny about his father's death and at the same time wanting to get everything his father owned. It shows she didn't really cared about Kenny's father.
    I know that Kenny is feeling really bad because he never got to meet his father or get to know him. That will always be Kenny's regret. He will wish that he had met his father before his death.
    It happens all the time to people.

    I know how you feel about that free-loader woman wanting to STEAL what belongs to Kenny. She already knows for a fact that everything belongs to Kenny and that is why she is asking him to sign a release paper.
    She must have already talked to someone who knows the Georgia laws.
    Please tell Kenny not to sign nothing. Let the courts take care of business
    and do what is lawfully the right thing to do. Lucy
     
  7. LucyR.

    LucyR. VIP Whale

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    Your question was if anyone has had that experience

    When one of my aunts' died she had a legally adopted daughter. The daughter told me that my Aunt's sisters wanted to go to her house to take whatever they wanted that belonged to my aunt.

    I advised the daughter that everything she had belonged to her because she is the legal daughter and not to let those women take anything.
    So she stopped the greedy sisters from entering her house to take things.

    I have a nephew who never knew his father. He had been trying to find him and when he finnally found his location he found out his father had died.
    He regrets not looking for his father sooner.

    When actress Marilyn Monroe's rich boyfriend bought her a house to live in but had the house in his name and then he died one day all of a sudden....
    his adult sons told Marilyn to vacate the house as soon as possible. I heard she left the house within two weeks.
    The man had wanted to marry her but she didn't want to marry the old man.
    She didn't have any rights to the house.
    I live near Hollywood and hear lots of movie star private stories. Lucy
     
  8. CinnamintStick

    CinnamintStick High-Roller

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    We have been told they where together for 7 years before they broke up. So she is not a common law wife because it was not before prior to 1997. I have done a lot of reading on line and the only thing I see that they might have a problem with is squatters rights. I don't know if that applies or not.

    I feel bad for him. The least she could do is let him get to know his Dad by looking at his things. Does that make any since?

    We have known Kenny since he was 9 years old. He is not greedy but I can see where they might think that is why he came to the funeral. When he left to the funeral I think he thought he would get to know his Dad better by talking to family he did not know. Instead everyone was rude and disrespectful to him. This girl did not even shed a tear.

    When they found out he was coming to the funeral she tried to move it up so he would miss it. He had nothing to do with any arrangement.

    His Dad did leave him his discharge papers in a envelope he gave to his Pastor with Kenny's name on it. The Pastor was the only one that would tell them anything about his Dad.

    Kenny and his Dad looks exactly alike. They also share untreated mental problems. Kenny is home bound and searched out his father for answers how to over come it. I have to give Kenny credit for all he has done the last few days. He fears everything. He wanted my daughter to drive to Georgia because he did not want to get on a plane. Kenny does not drive. But Kenny did get on the plane and is confronting strangers in a difficult situation. Kenny is not even comfortable talking to me. He lived with us for 12 years before he got his own home. His Dad did tell him when he gets older he will over come it. Maybe it is time.

    Thanks for listening.
    You are all great!
     
  9. jerseyguy

    jerseyguy VIP Whale

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    Call the county courthouse where he lived

    Speak to the surrogate or whatever they call the person who handles this stuff . Find out the law ,I believe as a son he would be in absence of a wife considered a Class A beneficiary without a will.Just dont sign anything.
     
  10. C0usineddie

    C0usineddie VIP Whale

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    Yerrible situation i feel bad for kenny.

    I hope he is dealing with it well.

    As for the will, the house, all that stuff. my advice is to just klet ot go.

    There a re a couple of reasons why i say this.

    First is that the house most likely isnt paid off so if you press it, kenny might be inheriting the debt. Pkus the gf isnt going to leavr until they throw her out which shouldnt be too long because she most likely wont pay the bills.

    People like that cant be taught a lesson and dont understand how terrible they are so its best to just turn your back on them. My ex wife is like that, a terrible person who would do anything to get a few bucks out of me even though i didnt have any money.

    Tell him not to sign anything, it wont come to anything anyway and to walk away.

    The gf is a scam artist and unless your son thinks like one he will just be hurt by the situation more then he already has been.
     
  11. LucyR.

    LucyR. VIP Whale

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    More advise

    Cousin Eddie, gave you great advise.

    I think Kenny should join forces with his dad's grandmother and tell her she can have the house. But that he wants the father's photo album. That is the most precious thing that Kenny should want to get from them.
    Plus, Kenny should ask to get some of his father's things that can mean something to Kenny.

    My son used to work as a police officer in Albany, Georgia and lived in Leesburg.
    I think the Grandmother does have some power to get the police to let
    Kenny go into his father's house to get some of the things out.
    He should just come home and let the grandmother take care of business
    until the courts decide who has the rights to everything.

    That free loader woman doesn't have squatters rights since she was just
    "STAYING" WITH Kenny's father. In Georgia, people say, "I am "staying" with so and so. They never say I "live" in so and so address. I am talking about the homeless people. They use those words in Georgia because they don't really know how long they will be able to stay in that address.

    When my son worked as a cop in Georgia.... he had to learn to say those words to the criminals because most of them didn't have a stable home or home address.
    The Georgia police know all the cons that homeless people pull.

    Cinnamon, my advise for Kenny and you is to tell Kenny to come home and
    just let go of that mess in Georgia because I think his dad didn't really own the house and had mortgages and bills to pay.

    Please tell Kenny that his father loved him and his father will always be with him in spirit. His father must have had some serious personal problems when he walked out on his mother. Nobody can walk in anybodies shoes.
    We can only walk in our own shoes.
    My advise is for Kenny to see a doctor to take care of his medical problems.
    I hope he is located in Atlanta where the best doctors are located.
    Kenny inherited his father's DNA GENES and his father's ancestors medical problems too. He needs to ask his father's grandmother what medical problems his father had in his life because Kenny may inherit those medical problems too. The grandmother is the key to getting to know his father better. Plus, it would be real helpful if he can get a pair of his father's shoes because they most likely have some dna in the shoes.
    There is new technology in the dna gene medical field. Lucy
     
  12. LucyR.

    LucyR. VIP Whale

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    I just remembered.....

    Since Kenny's dad had an honorable discharge from the military....
    he was buried in a free military plot.
    The old lady mother didn't have to pay much for the burial.
    It only cost her a few hundred dollars for incidentals.
    I remember you said they got the American flag.
    Those women are such con artists. Lucy
     
  13. CinnamintStick

    CinnamintStick High-Roller

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    First of all all the family left on Friday. The loving Gradmother he never knew lives here in CA. My daughter and Kenny where booked to come home tonight.

    I have a little update. Today my daughter and Kenny talked to the police. They said Kenny could take any of the belongings to a safe place. So they called the X and she said she would meet him after church at 1:00 to give him the paper work, bills and such that he would need. In Probate Kenny would be named Administrator. Georgia law says "A surviving spouse or sole heir is entitled to serve as Administrator, unless disqualified." Kenny is the sole heir. (100% goes to a child if there is no wife) The X knew they had a plane to catch tonight and was hoping they would just leave. At 3:00 she still was not there so they left. Then they thought I bet she is waiting for us to leave so they went back. I told them if she is not there to at least take picture of the electric meter and anything else they could document. When they went back her son and his girlfriend was there (they live there too). Then she came walking up from down the street. I guess things got bad so My daughter called the police. She did tell them that she was the X girl friend. I was shocked she did not lie. They told here nothing in that house is hers. All of it is Kenny's and it is his job to secure it. Then she started crying. Long story shorter they have to cancel there plane tickets and they will be filing probate papers and asking to be the Administrator. Then they can get her out. They are still going to try to get a attorney for a consultation. They are pretty sure the Harley is the most thing of value and it will cover his bills. Its just nice that maybe this heartless X girl friend will get all that she deserves. I am pretty sure she has been warned about trashing the place and taking anything.

    I will have the kids for a few more days. My youngest Grandson will be 1 on Tuesday. I just hope they are back before My Vegas Trip. Is that selfish of me? I guess if I need to change my comp room to another date, it is not a big deal. I am just so ready to go now.
     
  14. LucyR.

    LucyR. VIP Whale

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    Hello again...

    It is really hot in Vegas. It is 114 degrees presently. That is too hot.

    Kenny needs to take his time to take care of business. You can go anytime
    to Vegas since you have comps. Southwest is having a sale presently.

    No....you are not being selfish in wanting to go to Vegas. But... if you want Kenny to take care of business you may need to do this sacrific for Kenny.

    I sacrificed myself for my two sons a lot when they were growing up.
    They don't think I did.lol. I gave up some of my dreams for them because of my sacrific.
    You need to consider if you want to do that or not. It's up to you.

    I am so happy that the cops are on Kenny's side. He is not responsible for his father's bills at all. Tell Kenny to tell the bill collectors that they have to go to heaven to find his dad so they can get paid.lol. There are going to be a lot of phony bill collectors and con artists asking for money. Lucy
     
  15. CinnamintStick

    CinnamintStick High-Roller

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    I would not ask him to come home so I could go to Vegas. I just hope he will be done with everything so I can go. It is my therapy. Its just a three day trip with Jerry Seinfeld tickets. Las Vegas is only 200 miles from me. I just drive. I do have two other trips planned. One next month for a $300 shopping spree (4 days) and one for Labor Day (5 days) with 2 shows booked.

    The reason things go into probate is to make sure there is not a will and to make sure all bills are paid like taxes before Kenny gets anything. Kenny will not inherit his fathers debt but he is responsible as the Administrator to pay all debt owed with his estate. All this takes about 6 to 18 months. Then the probate court will release anything left to him. If there is anything left. It could cost him quite a bit in attorney and court fees and get nothing. I think it has more to do with respecting his fathers things than what he will get in the end. I do think his father would be proud of him.

    I do think Kenny and his Father ended on a good note with his Father wanting to see him. Maybe just a fantasy in his mind of what it could have been. So many people I know have met a missing parent only to want nothing to do with them. He did not have to experience that.

    I will let you know what happens tomorrow.
     
  16. LV_Bound

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    Each state is different.
    In Florida, if there is no will or trust everything goes to the children if there is no wife. Girlfriends don't count. What a person says or intended to do is meaningless.
     
  17. CinnamintStick

    CinnamintStick High-Roller

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    The way it stands right now, Kenny has filed to be the Administrator of the Estate. That duty goes to the son if there is not wife according to Georgia law, unless someone has a good reason. It is listed in the newspaper for 2 months. The X came to the court to ask Kenny to be partners as Administrator of the estate. He said no of course. That would be like letting the fox watch the hen house. She went and picked up 3 death certificates from the court house. One was Kenny's and one was the Grandmothers. She is a liar and a thief. Still telling everyone she is his wife. What is funny about Georgia is they don't even ask for ID for anything. Even though she want to be partners she keeps telling Kenny he will get all his debt. That's not true. I have a funny feeling there is something she wants that she has not told anyone about. Maybe a life insurance policy or mortgage insurance, something she needed the death certificates for . There is a reason she will not hand the paper work over to them, or let them in the house. I also do not think Kenny can evict her until he owns the house after probate or in the sale of the house. I do know that she will owe the estate fair market value for staying there. He had put a request into holding his mail. We are also finally going to talk to a attorney tomorrow. I hope they get a good one. It sure took a long time to get a call back from anyone.
     
  18. LucyR.

    LucyR. VIP Whale

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    The ex-girlfriend is a TRESSPASSER in the house. She needs to be kicked out right away. She doesn't have any rights to be there at all.

    KENNY SHOULD CHARGE HER RENT! Or evict her.
    He needs a lawyer to have her kicked out.

    Nobody in Calif. could get away with such foolishness.

    It is so stupid for Kenny to let that women stay in that house. It is legally his father's house and he is the rightful heir.
     
  19. CinnamintStick

    CinnamintStick High-Roller

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    I have been through my share of run around and hurry up and wait in CA courts. Nothing ever seems fair either. It is never cheap. I bought my house with non paying renters living in my second home on my property. It took me a long time to get them out.

    You have to give notice 3 days notice to vacate before you file eviction but you have to have legal right to do it. Then you get a court date blah blah blah. Its not fast kick them out if they don't want to leave. Even with a court order to do so.

    Today Kenny and my daughter are going to try to get immediate temporary Administrator rights to be able to do something if that is what the lawyer tells them. It seems they need another form and Pay them more money. It was $200 for the last form. The lady at the court told them wrong.
     
  20. jgates8

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    If she didn't have a rental agreement it doesn't seem like they should need a 3 day notice. She is now trespassing & realistically police should be able to remove her. If his dad had a rental contract with her that is a different matter, but she would have to provide a legal copy of it.
     
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