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information, ideas, feelings, problems and solutions on a personal
level.
I've got a difficult situation to deal with, and I'd like some input on the alanon perspective. It's a long story, but I'd like to lay it out to get it straight in my own mind.
My husband's younger sister was a world traveller in her youth, moved back to their home city about 20 years ago, pregnant and single (in her thirties). She has lived with or near their parents since then, the only one of the family to live in the same city (we are next closest, about two hours drive away.)
When her son was young, she did work, off and on, though she never really held a job very long. It's been at least a dozen years, though, since she's had a job. We have assumed that she was getting financial help from her parents, along with maybe social assistance - didn't really know the details and although it kinda bugged my husband, didn't much care. As the parents were getting older, it was nice to know that she was there, and that was worth something.
Seven or eight years ago, their dad went into a nursing home, his Parkinson's got too bad for his frail wife to care for him at home. About five years ago, the sister moved back in with her mom, leaving her son living with a friend of hers at the town house the parents had lent her the money for the down payment on. At that time, my MIL started paying her a salary, for looking after her. My MIL really wanted to stay in her own home, and she believed that this was the only way - she was no longer capable of living alone. Again, fine. It seemed all a bit much compared to the way other families (my own, for instance) were dealing with this sort of thing, but none of my business; my MIL was making her own choices for her own reasons with her own money.
The sister started limiting contact with her mother a bit, but not in any really alarming way. It was just that you could never seem to be there with just my MIL - sister was always right there, making us feel kinda unwelcome.
Last summer (2006) my MIL died fairly suddenly - she went right downhill over a period of about four months. Two months later, my FIL died, in his nursing home. He was by this time incapable, and had been for some time - years.
My husband and this sister were the executors of the wills. When he got a look at the wills, my husband found that his mother's will, which had previously been a very simple one, had been rewritten about three years before. It still left everything to her husband if she were to die first, but if HE died first, the will was pretty seriously slanted in favour of this sister - the one who had had complete control over his mother for the last five years or so. However, since his mother died first, this was not the will that mattered - everything went to her husband, and HIS will is the final one that is now being probated. This is a simple "all to my wife; if she is dead, everything equally to my four children" will, with the provision that this sister will pay back the money her parents lent her for her down payment all those years ago, interest free.
When my husband started getting a look at his parents' financial affairs, as he needed to, being an executor, he found that pretty large sums of money had disappeared over the last four years or so - about $200,000 more than they would have used living the lifestyle they lived. There was almost nothing in the way of financial records; cancelled cheques had been shredded. Money had been flowing out right until his mother's death - $10,000 the day before she died (once she died, the bank accounts were frozen - the sister had had access up to then). His sister refused to give any indication of what had happened to any of the money.
So, as you can imagine, there was a fair amount of squabbling among the four children over the next months - I won't go into detail, but basically, the sister wanted the mother's will to be the one that was honoured, because "that's what mom wanted", the others wanted to know what had been going on over tha last few years. Sister refuses to talk about anything she doesn't want to talk about, accuses others of always hating her, blah blah. Basic disfunctional family stuff.
Eventually, this spring, they came to a rough "Forget the past, from now on things will be split equally", agreement, except for the money she owes for that down payment. However, as you can imagine, there was a certain amount of distrust of this sister left over.
So that's the background, now here's where I come in.
Last June, my husband died. All of a sudden, this sister is the sole executor of her parents' estate. The will is finally through probate, the lawyer says there is no reason cheques can't be written so that the cash (what is left) can be disbursed, and the condo that they lived in is up for sale. I don't get any of the money, but my husband's share is split between my kids, in trust until they are 21, so I have an interest in what happens.
And nothing is happening. This sister has access to the bank account the money is in, as executor. I last heard from her in late September, when she said that there was one letter she had to get off to the lawyer, then she should be able to write out cheques to start disbursement. Not a word since then, until finally my other sister in law (the other brother and the younger sister are not speaking) phoned her and asked what was happening. "Oh, I just have to get this one letter off to the lawyer, and...." No one has any idea if sister is working (and is afraid to ask, she is very touchy) and the thought that is going through the heads of brother, other sister, and to some extent me, is "Is she living off of the estate, or is she just incompetent and hasn't gotten around to doing any work yet?"
Remember, this is my husband, the alcoholic's, family. High drama, touchiness, holding grudges, lying. blaming, all the same old thing, are very much SOP there. The oldest sister, who lives in the States, is a fairly level headed person, but she has serious problems of her own (her husband's health).
I've tried to keep on everybody's good side here, up to now. These people are my kids' family, and they have lost a lot of family in the last year - I don't want them to lose any more. I don't desperately need the money, but am sorta counting on it to help put my two through school.
On the one hand, I feel like just staying out of it - don't want that chaos. On the other, if, as is entirely possible from past actions, the sister is drawing from the estate, we're talking about thousands of dollars that belong to my children. She is perfectly capable, I think, of spending the money, and assuming that no one will press charges because it's family. I think. Maybe I am wronging her.
What I'd like to do is just phone her up and say "So, what's happening? What are you up to these days, are you working, how are you doing, do you need any help?" If this were my own family, I wouldn't think twice, but with these people you never know. Sometimes you can act like a normal human person around them, and sometimes that counts as an attack in some war you didn't even know you were fighting. Just the fact that her own sister was afraid to ask her if she was working gives you some idea of what kind of people they are - yes, my husband came by his disease honestly.
The fact that I am tying myself into knots and questioning my motives over phoning a SIL who I have always gotten along with fairly well (at least on the surface) shows something too. I really don't know where my part of this is. I can't tell if not calling is tiptoeing around an unstable person in order to keep the peace, or if it's minding my own business. I can't tell if calling and finding out what is happening is protecting myself from a possibly dishonest person, or meddling and manipulating.
So, sorry for the length, but - any thoughts on how to see my path?
Hate this sort of dispute, but for your children's sake, if you want to safe guard the money that is rightfully theirs, in my opinion you should seek legal advice as soon as possible to ensure that the money is not being illegally or misappropriated, before there is nothing left. Therefore, in my humble opinion, it would appear to be worth taking legal advice and having a letter from a lawyer sent to your sister-in-law as it sounds as though it could be a sizeable sum.
However, you have to weigh this against the cost to yourself and the children, [not financially, but emotionally and physically], to do this.
Pray about it. I decided to let go when my own sister took half my mother's money when she sold her house to come live with me, even though my sister was very well provided for and I was not.
__________________
"The highest form of wisdom is kindness." The Talmund
Why not get an attorney. They can investigate what is happening. Generally probate is carried out through some kind of an attorney anyways.Sometimes it can take forever. One thing I have to say in my ESH is that A's lie lie, lie dramarify and more. I would not even deal with them if I had any choices at all. Maresie.
Perhaps the "problem" is how you feel about yourself asking for this thing to be settled.
From an outsider's vantage, I agree, get a lawyer who can straighten this out. Then you will probably be a pariah :D .
In your shoes, I'd have to ask myself if it was going to be worth the opera LOL.
If it IS worth the drama, I can't see how you'd be able to work with this SIL without some legal back up. That costs money all on it's own though.
As far as calling her and asking her what's up . . . why not? Do you really think she'll honestly tell you what is happening? Lots of red flags in her past behaviors. Maybe you already know a call to get the truth is not likely?
There is NOTHING meddling or manipulating in trying to figure out stuff about your children's inheritance via their father. It's not cruel or insensitive (esp after this length of time) to up the ante a little to move it along. Maybe it will be to THEM but in general company, it isn't.
As I say a lot (to myself, who needs to hear it) is "What are you willing to put up with to get what you need?"
(((((((((((((hugs for Lin)))))))))))))))))
Kim
ETA: Did I say ANYTHING Alanonish here????
Maybe the last line :) We are looking out for ourselves, against the odds of being a little codependent. You want to avoid a tangle with a dysfunctional family over your children's money, yet you do need it, and emotional clarity is slow to come.
Thanks for the input guys - the fact that most of you seemed to see this as a occasion for a lawyer is a nice wake up.
Just because this family is involved in their weird dance does not mean I have to be. I can act as if I am dealing with normal people, it's up to them to respond appropriately or not, and that will dictate my next step.
Ultimately, money is always a touchy subject. Whenever I have been direct with my needs and my expectations, I have always felt better about myself and my own problems. I think a lawyer, or at least someone with whom estate law is a specialty would be a good investment
How often do you usually call this sil? If there were no probate issue, would you be calling her about now to ask how things are going, how she's doing?
I liked your comment about it being okay to treat them like normal people and remembering their reactions are their responsibility.
i am wondering, what if you called the probate lawyer and asked him what the hold up was? If the probate lawyer says, He doesn't know or that there shouldn't be any hold up. You could ask him to check on this for you. Then call the sis, see what she has to say. If it doesn't jive or if she gives you the disfunctional family answers tell her you are going to get a lawyer. Of course then you will have to back up this up with some action if necessary. At least with this approach you would give your sil a fair notice of what you are doing and a not so gentle push to get her rear moving. This could all be done in a nice tone of voice and the understanding that you are watching out for your children's best interests. You have every right to do this, especially if your children are under age. This is legal stuff. She is held responsible by the court to carry out the wishes of your FIL and MIL. The court does not care about family disfunction and her actions of nasty. They care about what has been put in writting, period.
Lin, If she is spending the money, the families silence only gives her more time to spend.