I got the most from her estate but he got
some too, even though she did not want to leave him anything since he drank their whole marriage and she paid most the bills and owned the house. He got $100,000. plus he gets social security and had some stocks. In 2 1/2 years he has used it all, living above his means.
he now says I owe that money to him
($66,000.) because it is really his he says, but we were coexecutors and he let that money go into the estate maybe because he had to. I have paid off huge student loans and now I don't have much money left for my old age or my children but he is claiming it is "Elderly financial abuse" not to give him that money. He has helped me in the past but I know he needs to live within his means...that money will be gone in two years. I could live off it for six years. he will not give up his office which he does not really use and has two huge rents etc.
He is talking to a lawyer to get that money from me. can he? The estate was settled Nov.2009.
Wow, quite an interesting story. The toughest thing for a lawyer to do is answer a question like this without reading thoroughly through the estate administration of your mother's and the method and means used for the insurance proceeds to be paid to the estate. On it's face, the fact that you and he served as co personal representatives, and the estate administration is settled, would suggest your mother's surviving spouse (he is no longer your step-father technically) will be unsuccessful should he assert a right to any additional assets of the estate, including the insurance proceeds.
Please note this is a general answer to a general question, and no attorney client relationship is nor should be construed to exist between you and me or our firm.
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