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Wedding Woes

My disorganized dad won't make a will no matter how many times I nag him

Dear Prudence,
My father is 65 years old and in outstanding health. He has a small real estate empire of 30 or so multifamily residential homes. He built the business himself and runs it as a one-man band. Toilet clogged? My old man fixes it so as not to have to pay someone else. The legal structure of my dad's business is a jumble. Some homes are owned by him and my stepmother, others are held by an LLC he formed. He also has unwritten deals with half a dozen friends and family members. My mother lives in another state in a house owned by my father and possibly his wife. My father is a generous and caring person, but is disorganized and his "office" is a bunch of piles of paper in his basement. Recently, my sister and brother-in-law quit their jobs and sold their house to relocate with their two small children to work in and maybe take over this business. My father has no will or succession plan and if he were to die or become incapacitated he would leave behind a complicated legal mess. My sister and I would have to work with our stepmom, with whom neither of us are close. I find it cruel, irresponsible, and selfish for my dad not to create an estate plan. I am well-off financially, have no direct interest in his estate, and live far away, although I speak to my father regularly. My dad keeps promising me that he will take care of this but he never does. I’ve brought this up so much that he’s tuning me out. What’s the most effective way to persuade him to address the issue?

—Where There’s No Will

Re: My disorganized dad won't make a will no matter how many times I nag him

  • team up with his accountant, who probably hates dad's guts too.

    good luck with this, mrs. conn. it seems like a mess.
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  • i dunno, hmo. dad might also be the accountant - and doctor, and notary public in this little empire he has going.
  • diy dentist, too, probably.
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  • I don't understand mrs.conn.  Why do you care about any of this?  
  • i know, i feel the same way as AF. i would probably stay far, far away from this mess.
  • if anything, it seems like the sister would have a vested interest in getting this straightened out. 

    i'm not a lawyer, but assuming this guy dies prior to stepmom and there's no will, wouldn't she take control of the assets/mess rather than the kids? 
  • BIL could easily have written a similar letter.  FIL DOES have a will and trust and everything in order.  He just doesn't tell BIL that sort of thing because avoidance is easier.  Shit will hit the fan when this is needed.  There are a few step-sisters that will also have a rude awakening.

  • IDK, I'm kind of on the OPs side here with the limited info.  It sounds like this is a known problem and the other siblings are trying to help.  But having lived through so many instances of where people didn't think out their end-of-life decisions, it's a necessary evil.  Especially in a situation like this. 

    It makes me think of when I took MIL to an attorney for her mother's decisions that needed to be lined up.  She decided that it wasn't worth it.  Various things have happened and she now regrets now not having this done, b/c it has made things harder with MIL's now-health issues.  The best was when FIL then asked DH and I if my parents had things all lined up.  The eye rolling on my part was unavoidable, though DH just said, "Yes".

  • Regarding OP, Dad needs an estate plan big time, but before that, he needs to have defined records of who owns what, be it him and his wife or his LLC. I foresee a HUGE mess and legal fights in the future.

    In my case, been bugging my Dad for a while to write a will, but it seems to be a psych thing with him (write and sign, and he'll die mentality).  I even drew up an advance directives document for him with power of attorney, living will, DNR, etc. Has he signed it? Nope. Sigh.

     

  • If it's a Dowager state (mine is!) Barbie is right...stepmom would get it all.
    Which would really suck if you're the kid running the 'empire' who moved and quit a job to get there.

    Man, I think I may know the guy who this letter is about--I worked for him for a while :P
  • I know someone who's dad didn't have a will or take his ex-wife off his house when they got divorced.  he died.  So the house now belongs to ex-wife, she let her daughter move in so her kids could go to better schools if they paid the mortgage and taxes.  Ex just got a letter from the bank that the house is being foreclosed on because she didn't pay either the mortgage or taxes.  Now her credit is efffed and she's not going to get any money when the house sells.  Not to mention an even more strained relationship with her daughter.  And that's why you take care of your shit!
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