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>dad passed away from cancer this year >before he passed

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>dad passed away from cancer this year
>before he passed away he told me I was set to inherit some money, his wife protested against me getting anything at all though
>a month later after he died, I find out all the money had been taken out of his 401k the day he retired from work, which I was not made aware of by anyone
>there exists a photocopy of 3 check stubs: one for his wife, one for him, and one for me, which states I am entitled to 50%, as well as his wife, don't remember dad's stub
>according to human resources all the money was taken out and given to her, so it could put towards the mortgage on the house

Do I have a case here? Isn't this type of situation supposed to go through probate? There's a check with my name on it that I never received. And that fucking bitch never said a word to me. What do I do, /adv/?
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Go and talk to a lawyer. Any advice we give you will be something you need to do through a lawyer anyway.
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>>18393982
I already have an appointment today with a lawyer, I just want to know if anyone's ever been in a similar situation.
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Fucking hell you are real cancer
To care about money when your father dies...
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Not OP but I would do the same. His father wanted him to have the money and instead his bitch (I assume ) stepmother is trying to fuck off all his money that were probably the first reason why she married him.
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>>18394086
OP here, you sound like my deceased dad's wife. Fuck you.
>>18394089
This guy gets it. She's an egregious witch that just manipulates and takes advantage of people. I can't let her get away with this.
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>>18393978
Did his wife skip town or is she still around? It's going to take years to see any of that money if she's in another country or state even. You do stand a better chance though if you could also prove with a written copy of your dad's will, if he ever made one.
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>>18394110
No, she's still in town. Dad said he wrote a will, but I've never seen a physical copy of it, plus I don't she'll give up the will anyway...
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My ignorance is about to show but was the mortgage a debt owed by him? I was under the assumption all debts owed by an individual have to be settled before any inheritance can be dished out.
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>>18394118
To be quite honest, I have no clue whose name the house is listed under, dad said it was his, the wife said it was hers... never could get a direct answer out of any of them.
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>>18394112
I'm pretty sure that's even more illegal than just outright keeping the money. Anyway yeah get a good lawyer. This situation will probably get worse before it gets better. My dads sister and her daughter ran off to Italy with all the will money when grandma died. Took him almost 8 years and he still hasn't got all he promised. I'm no lawyer, but see if you can sue at the same time too to cover the legal costs (which is where more than half the promised money will go because of this shit). Good luck, and sorry for your loss
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>>18394121
Man I'm sorry to hear about your dad, sounds like he really got screwed. And thanks, hopefully justice will prevail. I can't stand that woman, she's a sneaky, manipulative, lying CUNT
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>>18394086
Wouldn't it be nice if you worked hard for decades to save money for your child to inherit, and he/she ended up inheriting absolutely none of that money?

Where the fuck are you going to send your assets when you die, anyway? Give it to a "charity" and have a bunch of greedy board members take most of it for themselves? Are you that soulless?

Not that such a question is relevant to you, as I strongly doubt that somebody as narrow-minded as you could ever foster a healthy relationship with a child - assuming you even have any.
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>>18393978
Is there even a will? Do you get part ownership of the house? Car?
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>>18394168
According to my dad yes, but I've never seen a physical copy of it. And probably no to both. Funny thing about the car - She gave away his truck to somebody without consulting me first, since I'm assuming she is his "personal representative". Imagine that!
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Another question - Is the company at fault for withholding this information from me? It seems kind of fishy that they wouldn't say anything...
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>>18393978
You definitely need a lawyer, but here's some info.
With a 401k through an employer, the legal spouse is entitled to the proceeds upon death unless that spouse waives her rights by signing with a notary. In all likelihood, you were made a contingent beneficiary, meaning if she died, you would get part or all of the proceeds. Those plans are typically administered by a third party administrator such as a company like Fidelity, Mercer, Vanguard, etc. They would not have paid her if she were not entitled.
With regards to the house and mortgage, you can find out by looking at the county website the house is in under the auditors website to see who the houses name is in. For the mortgage, you can look under the county's recorder website to see whose name the mortgage is in. If they post the information online it will be there.
I'm sorry about your dad and hope everything works out.
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>>18394174
Your dad may have made her the "executor or ececutress" of his estate. In that case, she has the authority to liquidate assets and administer the terms of the will as written. Also, in the case of person property such as his truck, it may automatically pass to her upon his death as legal spouse. Like it or not, in many states the legal spouse has more entitlement than children do. You may be angry, but none of this is illegal. The reality is your father could have prevented this while he was alive but chose not to. He may have wanted it this way.
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>>18394334
>He may have wanted it this way.

Or, she may have lied to him about how she'd administer the terms of the will. In fact, that's the most likely scenario.

I mean, if I had a stepson and my wife died, I'd give him AT LEAST part of the inheritance, even if there was no will instructing me to. What kind of person wouldn't?
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Is that Kathy lee gifford? She can get stuffed. Sexy as fuark
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>>18394086
Makes you think about his leech of a wife woman.
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>>18394086
If you ever have children you'll understand. Your whole purpose in life becomes providing a better future for them and future generations of your family.
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Ignore the 'how dare you think about money' angrychild; he's giving a free pass to the one who STOLE that money against the deceased's wishes.

OP: there is not one damn thing we can do other than tell you to get a lawyer. Your lawyer needs to be specialized in inheritance, you need all the evidence you can possibly get, and you need to set money aside for paying your lawyer.

Never bring real problems to /adv/ again. This board is a 24/7/365 pity party for attention seekers of all kinds - and little else.
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>>18394086
No, fuck that shit. Money is not meaningless. A dead guy's wishes are not meaningless. SOMEBODY gets the money. The wife is literally stealing it, and OP's just supposed to say "w-well I can't do anything, how could I think about money at a time like this?"

OP's father worked hard for his money and he wanted his son to have half of it, that's normal and fine and it's the right thing to do. You are the cancer
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>>18394784
except for shaniqua who just wants her weave did and another hit of crack and 20 litres of pepsi, chips, and candy with her food stamps.
Thread posts: 25
Thread images: 1


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