Someone please Explain
Do you understand why you are required to write a will or set up a living trust? Do you have a will or trust set up for your loved ones? Does it even matter in the long run if you set up a will or trust? Why am I asking these questions well I will explain.
My father set up a living trust for his estate in the event of his death. He distributed in that trust his possessions and his estate. He laid out in the trust how he wished the trust to be handled after his death. His trust even laid out guidelines for what was to happen if he became incapacitated, he had advanced Health directives. He spent all this money setting up this trust and working to protect his estate from the government and any other evil little spawn who may try to access his money. He did this because he did not want me to have to worry about money after he was gone, he wanted me to be taken care of, or to at least have a little "nest egg" as he called it that I could use in the event of an emergency. Now if you read my last blog about the remarriage issue this is an extension of that blog.
See my father did remarry. He was told that his new wife, Jhoan Flores of the Phillipenes would not get any of his estate because she had not been married to him for long enough. He spent the last eight months of his life moving through red tape to get his wife into the states. It NEVER happened, she is still in the Phillipenes, yet she has a LONG reach. She is claiming that she is entitled to HALF of my dad's estate because she married him. Don't even get me started on the validity of their marriage, I do not believe that it is valid and neither did the Immigration department.
Now this Jhoan has gotten a lawyer, Richard Littorno of Pittsburg California. He is representing her saying that she is the omitted spouse. That my father just forgot to change his will to include her and to give her half of everything he spent his entire life building up. This is a complete joke, because my father told EVERYONE that he did not want her to have anything. He even had his lawyer draft up a codicil to his will that stated this. But because he never got to sign it, apparently it does not exist.
So now I am in a legal battle trying to protect my father's estate and his dreams from this person. I am protecting my father's AMERICAN DREAM from a foreigner. What absolutely floors me is that an AMERICAN is defending her, is saying that this foreigner has a right to his estate. This foreigner who did not give my father anything in the time she knew him, did not contribute to his estate in any way, who harrassed him while he was in the ICU and Cardiac Department of the Hospital in his last month of life, saying he wasn't doing enough to get her over the the states, is trying to get half of his estate. So even though my father had a will, had a living trust drawn up, apparently in the state of California it means NOTHING. So again I ask why did he even bother? Should I even bother?? I know for a fact that when I do I will be making sure that I know all the scenarios so that my children are protected so that they do not have to go through this. But I also know I WON'T be marrying some Fillipeno later in life and allowing them access to my estate.
I am so angry about this whole situation, so angry that it makes me laugh. I am looking for Karmic retribution but I am not sure what my family did to deserve this heartache, but everything happens for a reason and even though I can't see it right now eventually this will all make sense.
My father set up a living trust for his estate in the event of his death. He distributed in that trust his possessions and his estate. He laid out in the trust how he wished the trust to be handled after his death. His trust even laid out guidelines for what was to happen if he became incapacitated, he had advanced Health directives. He spent all this money setting up this trust and working to protect his estate from the government and any other evil little spawn who may try to access his money. He did this because he did not want me to have to worry about money after he was gone, he wanted me to be taken care of, or to at least have a little "nest egg" as he called it that I could use in the event of an emergency. Now if you read my last blog about the remarriage issue this is an extension of that blog.
See my father did remarry. He was told that his new wife, Jhoan Flores of the Phillipenes would not get any of his estate because she had not been married to him for long enough. He spent the last eight months of his life moving through red tape to get his wife into the states. It NEVER happened, she is still in the Phillipenes, yet she has a LONG reach. She is claiming that she is entitled to HALF of my dad's estate because she married him. Don't even get me started on the validity of their marriage, I do not believe that it is valid and neither did the Immigration department.
Now this Jhoan has gotten a lawyer, Richard Littorno of Pittsburg California. He is representing her saying that she is the omitted spouse. That my father just forgot to change his will to include her and to give her half of everything he spent his entire life building up. This is a complete joke, because my father told EVERYONE that he did not want her to have anything. He even had his lawyer draft up a codicil to his will that stated this. But because he never got to sign it, apparently it does not exist.
So now I am in a legal battle trying to protect my father's estate and his dreams from this person. I am protecting my father's AMERICAN DREAM from a foreigner. What absolutely floors me is that an AMERICAN is defending her, is saying that this foreigner has a right to his estate. This foreigner who did not give my father anything in the time she knew him, did not contribute to his estate in any way, who harrassed him while he was in the ICU and Cardiac Department of the Hospital in his last month of life, saying he wasn't doing enough to get her over the the states, is trying to get half of his estate. So even though my father had a will, had a living trust drawn up, apparently in the state of California it means NOTHING. So again I ask why did he even bother? Should I even bother?? I know for a fact that when I do I will be making sure that I know all the scenarios so that my children are protected so that they do not have to go through this. But I also know I WON'T be marrying some Fillipeno later in life and allowing them access to my estate.
I am so angry about this whole situation, so angry that it makes me laugh. I am looking for Karmic retribution but I am not sure what my family did to deserve this heartache, but everything happens for a reason and even though I can't see it right now eventually this will all make sense.
Not that I know a lot about the American Legal Systems, but in Canada if someone is not in the will, regardless of if it was just a mistake or not, it doesn't generally go far. Wills are pretty binding in the sense that they are legal documents, it even goes down to the exact spelling of a name, eg. if for some reason your name was spelled Jenifer instead of Jennifer, you would technically not be entitled to anything. Keep fighting, I honestly don't think it will be much of a fight once it hits the court, even if it gets that far. Like you said you have the immigration people that didn't think the marriage was legit and she is not in the will/living estate. Good luck with it! Some people are just greedy.
ReplyDeleteIm so sorry hon, I know you are so frustrated about this! I do hope that Jhoan gets what she deserves...which is nothing, and that it all works out in your favour!
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