The Saving Advice Forums - A classic personal finance community.

Stepmother/father driving me crazy!!!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Stepmother/father driving me crazy!!!

    I just need some perspective from the "outside" about what advice I should give my father. I will try to summarize the situation but it is a long story.

    In 2006, my father and mother were both diagnosed with cancer. When my mother passed away, I took over for my mother the duty of keeping track of all of Dad's finances and paying all of his bills. I had to sort out everything, settle my mother's trust and maintain all of his records. Shortly after my mother's death, an old girlfriend from high school started calling him. He was lonely, scared and happy to have someone to talk to. This led to her divorcing her husband to be with my father. He loaned her (with a formal loan agreement drawn up by a lawyer) money to buy out her husband's half of her house. Her children are in their 40's and have careers and families of their own. Dad drew up a prenuptial agreement before they got married which she refused to sign. She broke off the engagement sending him into desperation mode. My brothers, my aunt (who is good friend's with the sister of the fiance) all told him that the prenup was a deal-breaker. My father has assets in the $3MM range mostly in property that he bought from his parents (a family farm) and from businesses he started and ran with my mother. Well, he married the fiance anyway without the prenup at the courthouse without telling anyone until they had done it. He kept his trust documents and Will the same and has never added her name to anything and they have kept all of their finances separate except for a small joint account with less than $1000 in it.

    The marriage happened in July 2008.

    In October 2009, the new wife moved everything she had at my Dad's house back to hers and said she wanted a divorce because he hadn't added her to his will. She has a pension and social security and her house is in a resort and pays for itself as she rents the lower level for income. Thus, she has no living expenses beyond food, gasoline, and clothing. Her health insurance is covered in her retirement plan. My father pays for all joint expenses when they are together including her gasoline (when she's at her house and he's at his, she may buy groceries for herself). She only pays him for the loan that he gave her to pay off her ex-husband. She has plenty of money to maintain her lifestyle if something happens to my father. She and her ex always had separate finances and she has refused to put mix any of her monthly income with my father. He knows what she makes (and so do I) because they file joint taxes. They managed to get back together by December of 2009.

    In December of 2010, she leaves my father again and says that she wants a divorce and she is not changing her mind this time. The reason is again financial. She is still angry that my father is having her pay back the loan - although just the principle and no interest. She says that she wants him to forgive the loan and pay for the divorce. He says that he is not going to do either as he does not really want the divorce. At this point he is rather disgusted with her and has said that she "just wants my money" - something he has refused to believe in the past.

    I would like for my father to just divorce her and get it over with. I worry that if something happens to him, that she is going to be a major problem for my brother and I and will fight the will and trust. Would you give your parent the same advice? I don't think anything will happen as she does not want to pay a lawyer for the divorce. I think they may stay separated forever as an alternative. My father's health is precarious: his cancer could return at any time, he's had blood clots recently, and he has poorly-controlled type 2 diabetes. She continues to string him along. Right now, he is at his warm-weather condo while she is at her house. When the winter ends and he returns to his house, I think she will continue to string him along.

    This is an irritating and sticky situation for me. I love my father and want him to be happy but I also don't want him to be taken advantage of. I question her motives but have never voiced them in a negative way until now to my father. I know he wants his children to inherit the property and assets that he and my mother worked for together while they were married. He also wants to provide a little for his current wife to make sure that she is very comfortable if something happens to him. This he has done in a draft Will that he let me read and approve. It has not been finalized or signed. He has started paperwork to turn over the family farm to my brother and I now because he told me he was fearful that she would get it if something happened to him.

    What comments or advice would you offer?

  • #2
    A sticky situation, and I am by no means an authority, so take this with a heavy dose of salt...

    That said... The first thing I would recommend is getting smart on the state's divorce and inheritance laws. In some states, divorce means a 50/50 split of all assets, period-dot-end-of-story. Others are more dependent upon circumstances, obligations, and particularly in the case of 2nd marriages, what assets were brought into the marriage vs. gained during the marriage. The better you and your father understand what the worst case scenario (either divorce, or his premature death) might entail, you can forge the way ahead from there. In general, it's best to plan for the worst, and be happy when something better happens.

    Otherwise, I think that transferring assets is a great idea. Assuming he is the sole owner of the properties/assets he wants to give to you and your siblings, it's a very simple matter. The only considerations would be taxes, which I'm not going to even try to cover (I know very little about this).

    Another option to consider would be living trusts, where he signs the property/assets over to a trust. He could designate you and your siblings as recipients of the trust, and he effectively would have no ownership of them anymore--upon his death, the assets would transfer automatically to the named beneficiaries.

    Once again, these are just a couple basic thoughts, and please don't take it as 100% accurate or even as necessarily good advice. But I feel for you, and I'm sorry to hear about your family's situation. Talk to a lawyer, and get his opinion on things. That's really the best advice I can give you.

    Comment


    • #3
      I don't know if you can tell him to divorce her and get it over with. That really is his decision and up to him. I am sure you have concerns and it is frustrating to stand by. I think you should find out what he really wants to do. And discuss what he wants to have happen in the future. THen, take steps as he is such as transferring the farm, etc.
      But, it might also be something he really doesn't want to discuss all that much and you don't want to always put that in the forefront either as he just might start to feel a bit overwhelmed and most people do not want to face up the inevitability of their own demise. Taking about one's will is often very uncomfortable.
      And realize your father was merely wanting companionship and now he is stuck in a situation he didn't plan on so it is tough on him. In the end, money comes and gos. What is most important is your father and your relationship with him.

      Comment


      • #4
        I think your father needs to consult with both a divorce lawyer and a wills and trust laywer, to find out what all the legal options are. How much would satisfy her in the will -- does she want it all, or just to be named a beneficiary? In a long-term second marriage, what is often done is 1/3 of the estate to the spouse, plus rights to live in the home until she dies.

        Comment


        • #5
          I am always curious about the trend parents have of passing on money and property only after their deaths. Do it sooner and take pleasure in watching your children enjoy the fruits of your labor.
          just my 2 cents.

          Comment


          • #6
            I would simply say contact any attorney in your state who can advise the best way to deal with this. The advice that anyone gives here should not be considered anything other than what it is, opinions.

            Comment


            • #7
              I'll bet your wife 2 has already consulted with a lawyer and worked out a plan so it would be smart for you and dad [if health permits] to consult with both a lawyer who specializes in estate planning and an accountant who works in this area. It seems clear to this outsider that 2nd wife will fight heirs to her last breath, not because she is in need...just for the challenge. You need to be equipped for this outcome.

              Sadly this stress is detrimental to your dad's health. Cancer patients need to eliminate aggravation as possible and require massive endomorphins for positive brain activity.

              Comment


              • #8
                i suggests you to just support your father. You should understand that he is suffering from emotional problems, that's why he need someone to comfort him (aside rom his children).

                Comment


                • #9
                  Originally posted by frugalgirl View Post
                  Shortly after my mother's death, an old girlfriend from high school started calling him. He was lonely, scared and happy to have someone to talk to. This led to her divorcing her husband to be with my father.

                  He loaned her (with a formal loan agreement drawn up by a lawyer) money to buy out her husband's half of her house.

                  Her children are in their 40's and have careers and families of their own.

                  Dad drew up a prenuptial agreement before they got married which she refused to sign. She broke off the engagement sending him into desperation mode.

                  He kept his trust documents and Will the same and has never added her name to anything and they have kept all of their finances separate except for a small joint account with less than $1000 in it.

                  The marriage happened in July 2008.

                  In October 2009, the new wife moved everything she had at my Dad's house back to hers and said she wanted a divorce because he hadn't added her to his will.

                  She has a pension and social security and her house is in a resort and pays for itself as she rents the lower level for income. Thus, she has no living expenses beyond food, gasoline, and clothing. Her health insurance is covered in her retirement plan.

                  My father pays for all joint expenses when they are together including her gasoline (when she's at her house and he's at his, she may buy groceries for herself).

                  She only pays him for the loan that he gave her to pay off her ex-husband.

                  She has plenty of money to maintain her lifestyle if something happens to my father.

                  She and her ex always had separate finances and she has refused to put mix any of her monthly income with my father.

                  He knows what she makes (and so do I) because they file joint taxes. They managed to get back together by December of 2009.

                  In December of 2010, she leaves my father again and says that she wants a divorce and she is not changing her mind this time. The reason is again financial.

                  She is still angry that my father is having her pay back the loan - although just the principle and no interest.

                  She says that she wants him to forgive the loan and pay for the divorce. He says that he is not going to do either as he does not really want the divorce.

                  At this point he is rather disgusted with her and has said that she "just wants my money" - something he has refused to believe in the past.

                  I would like for my father to just divorce her and get it over with. I worry that if something happens to him, that she is going to be a major problem for my brother and I and will fight the will and trust.

                  Would you give your parent the same advice? I don't think anything will happen as she does not want to pay a lawyer for the divorce.

                  I think they may stay separated forever as an alternative.

                  My father's health is precarious: his cancer could return at any time, he's had blood clots recently, and he has poorly-controlled type 2 diabetes.

                  She continues to string him along. Right now, he is at his warm-weather condo while she is at her house. When the winter ends and he returns to his house, I think she will continue to string him along.

                  This is an irritating and sticky situation for me. I love my father and want him to be happy but I also don't want him to be taken advantage of. I question her motives but have never voiced them in a negative way until now to my father.

                  I know he wants his children to inherit the property and assets that he and my mother worked for together while they were married. He also wants to provide a little for his current wife to make sure that she is very comfortable if something happens to him. This he has done in a draft Will that he let me read and approve. It has not been finalized or signed. He has started paperwork to turn over the family farm to my brother and I now because he told me he was fearful that she would get it if something happened to him.

                  What comments or advice would you offer?

                  Sorry, wall of text without breaks are very difficult for these tired eyes to see.

                  My advice is thus:

                  1) Find out difinitively what the laws are in his state of residence with regard to division of community property in the case of him passing on earlier than her. Pennsylvania?

                  2) Note that she is not splitting her income either. So the marriage already has a separation of finances.

                  3) Her demands that he pay for the divorce that she wanted (seems like every two months or so they are back together) from him, is entirely unreasonable (she keeps leaving him not the reverse).

                  4) Monies earned before marriage, should go to the heir/children of the first marriage. Monies earned after marriage, are community property in those states that go by that law. The division of monies are only that which is "earned/obtained" during the marriage, legally.

                  5) She essentially divorced her old husband and then married your Dad. Your Dad essentially helped her make an escape from her previous marriage and now she wants him to pay for everything now (forgive the debt of hers such that she can buy out her previuos husbands share)? Wow. A real gold-chaser.

                  6) The part bolded above is good. Make sure it gets finalized and set in stone soonish.

                  7) MOST IMPT: GET A LAWYER FAMILIAR WITH HIS STATE LAWS in this regard

                  Comment


                  • #10
                    This one is quite complicated indeed. The thing is, finances are not only the problem here, as you also need to deal your dad's emotional stress.

                    Comment

                    Working...
                    X