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Extreme Veteran
Posts: 322
| I am looking for any advise to help me write a letter... My grandparents have passed and left me as their trust executor and 100% beneficiary. They only have one living son, whom was specifically written out of the trust. He has continued to ask me daily "when does the will get read". I met with the estate attorney and filed all the proper state paperwork confirming I am the executor. He said I didnt need to notify the son (there is no law in that state and proof does not need to be provided), but if I wanted to a letter would be best. He said he would write it... for a fee (over $200) so I am going to write it myself.
Has anyone ever written a letter like this? Any advice as to how it should be worded?  |
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Sideways Riding Expert
Posts: 11371
  
Location: ND--it snows, it floods, it snows, it floods | Frankly I'd spend the $200 and have the lawyer write it. It will save you headaches and actually may be better that it comes from a lawyer then yourself. |
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 Shelter Dog Lover
Posts: 10277
| docschic - 2014-09-15 5:35 PM Frankly I'd spend the $200 and have the lawyer write it. It will save you headaches and actually may be better that it comes from a lawyer then yourself.
This^. $$ well spent |
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 Proud to be Deplorable
Posts: 1929
| I think it would be the best 200. dollars you ever spent. |
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 Expert
Posts: 3815
Location: The best kept secret in TX | Definitley Spend the $200Plus! A lawyers word trumps your own word all day every day. |
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  Fact Checker
Posts: 16575
Location: Displaced Iowegian | I have to agree with the above....let the lawyer write the letter....ONE wrong placement of a word could get you in a world of hurt and the trust contested. |
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 Expert
Posts: 1440
Location: Texas | I agree .... Let the lawyer write the letter. I think it will save you a late of heartache in the end |
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Extreme Veteran
Posts: 322
| Currently any fee is not feesible at this time (which isnt $200 - it would be over $200 -- to file one document which was already completed with the estate attorney was $300). The attorney would rather nothing be said at all, as it is not a law in that state. I am not worried about any legal action from the son - but he can be a rather violent person so whether the letter is from an attorney or myself, his reaction will be the same. Since we are in different states I would just rather send a letter than tell him over the phone. |
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Extreme Veteran
Posts: 322
| NJJ - 2014-09-15 4:48 PM I have to agree with the above....let the lawyer write the letter....ONE wrong placement of a word could get you in a world of hurt and the trust contested.
I am not worried about the trust being contested... there is also a no-contest provision already in the trust so if he should he would get a whole $1!! Were not talking about any subsantial amount of money in the trust either. |
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 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | I would just send a letter telling him hes not in the will, that he dont have any right to anything of his parents and if hes got a problem with that tell him to get in touch with your Attorney..
I really dont know what else you would say, or just have the attorney send a letter to him. |
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Fact Checker
Posts: 16575
Location: Displaced Iowegian | Mis_Trev - 2014-09-15 5:58 PM NJJ - 2014-09-15 4:48 PM I have to agree with the above....let the lawyer write the letter....ONE wrong placement of a word could get you in a world of hurt and the trust contested. I am not worried about the trust being contested... there is also a no-contest provision already in the trust so if he should he would get a whole $1!! Were not talking about any subsantial amount of money in the trust either.
He may only get $1 but he could still tie you up in the courts and be a very big headache. |
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Extreme Veteran
Posts: 322
| NJJ - 2014-09-15 5:12 PM Mis_Trev - 2014-09-15 5:58 PM NJJ - 2014-09-15 4:48 PM I have to agree with the above....let the lawyer write the letter....ONE wrong placement of a word could get you in a world of hurt and the trust contested. I am not worried about the trust being contested... there is also a no-contest provision already in the trust so if he should he would get a whole $1!! Were not talking about any subsantial amount of money in the trust either.
True... I see your point. |
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Regular
Posts: 60
| I had to do this also. I was emailing my half brother at the time so I just told him in an email and he said he already knew. it is a matter of public record once you file for probate so he can get it if he wanted to. He is probably just seeing what you know. it is the right thing to do to tell him. You would want the same courtesy. |
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Cold hands and Warm Heart
Location: oklahoma | To Whom It May Concern, You're not in the will. The attorney handling this is Mr. Whooper at this address. Please direct any inquiries to him.Thanks |
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 Horsezips Number One Fan
Posts: 3519
Location: on a horse | Why not just send a copy of the part that says he gets nada in the will? That should be proof enough, enclosed in a letter, right? |
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 Damn Yankee
Posts: 12390
Location: Somewhere between raising hell and Amazing Grace | Just send a text :) |
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Blessed 
Location: Here | docschic - 2014-09-15 5:35 PM
Frankly I'd spend the $200 and have the lawyer write it. It will save you headaches and actually may be better that it comes from a lawyer then yourself.
I agree. every word matters in this |
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Blessed
Location: Here | Mis_Trev - 2014-09-15 6:21 PM NJJ - 2014-09-15 5:12 PM Mis_Trev - 2014-09-15 5:58 PM NJJ - 2014-09-15 4:48 PM I have to agree with the above....let the lawyer write the letter....ONE wrong placement of a word could get you in a world of hurt and the trust contested. I am not worried about the trust being contested... there is also a no-contest provision already in the trust so if he should he would get a whole $1!! Were not talking about any subsantial amount of money in the trust either.
njj is right |
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 IMA No Hair Style Gal
Posts: 2594
| If you are trying to save $200 bucks why don't you just call him and tell him?
I doubt he will record the conversation, and then you won't have anything written that could be "used" against you-as it was all verbal.
Just a thought? I don't know much about this stuff so this may be a bad idea, but figured I would throw it out there. |
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 Expert
Posts: 1384
Location: Kansas | Why not tell him to contact the lawyer, then it's his money.
Or can it work that way?
Edited by Sangria 2014-09-15 9:47 PM
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 Certified Snake Wrangler
Posts: 1672
Location: North MS | Send a text-
John Doe I'm sorry to tell you this, but your name is not mentioned in the will. I was not privy to this information before the lawyer showed it to me. I'm so sorry, but my hands are tied and I have to follow your parents wishes as instructed in their will. |
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 Miss Laundry Misshap
Posts: 5271
| Dear Son,
Due to your actions in the past, your father wrote you out of the will. If you require any further information, you may contact the lawyer in charge of the will at 1-800-go-away.
Sincerely,
The person who's now in charge, since you were obviously not capable of handling it.
You could always just tell him the next time he calls to contact the lawyer.
AND...Why wouldn't he have been in town and taken care of finding out about the will when his dad died? Or did he even come to the funeral??
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 The One
Posts: 7998
Location: South Georgia | As a former legal assistant, I would strongly advise you to have the lawyer write and send the letter. |
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 Good Grief!
Posts: 6343
Location: Cap'n Joan Rotgut.....alberta | ok i have to ask...why bother at all..........if hes a loon stop answering his calls or tell him to contact your lawyer............
m |
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Veteran
Posts: 234
| I agree with the majority just having the lawyer write the letter but if that is not an option then making a copy of the will is second best that way he is actually getting the info from his parents as this was their wishes - good luck - we had this happen in our family and my grandparents last amendment was to their son which stated - you have not had time for us in the last 20 years so therefore we have no time now for you - you are to receive nothing. |
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Extreme Veteran
Posts: 322
| I ended up drafting the letter myself, only stating the facts : per the wishes of so and so, you are to recieve nothing from this Trust estate per article #... I quoted exactly what the trust said, and ended the letter with the attorneys name and phone... (this is only a summary - the letter is more professional). I also attached a copy of the specific article in the trust for proof.
I have emailed it to the estate attorney to review and see where he suggests to go from there. Either he can send it from his office or I am willing to mail it with his approval. I am hoping since i drafted the letter he will not charge as much to review and possibly send. |
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 Toastest with the Mostest
Posts: 5712
Location: That part of Texas | Mis_Trev - 2014-09-16 11:44 AM I ended up drafting the letter myself, only stating the facts : per the wishes of so and so, you are to recieve nothing from this Trust estate per article #... I quoted exactly what the trust said, and ended the letter with the attorneys name and phone... (this is only a summary - the letter is more professional). I also attached a copy of the specific article in the trust for proof.
I have emailed it to the estate attorney to review and see where he suggests to go from there. Either he can send it from his office or I am willing to mail it with his approval. I am hoping since i drafted the letter he will not charge as much to review and possibly send.
Sorry -- seeing this one late -- but I wouldn't write anything in the letter explaining the trust or will or making any legal status known. If he can't understand from reading the document that he is cut out, then advise him to hire his own attorney on his own dime.
I would just send him a letter with the following:
________________________________________________________________________________
Dear ______,
Enclosed herewith please find a courtesy copy of the Will/Trust as filed with the clerk's office in regards to the probate on ____________'s estate. Thank you for your attention herein.
Sincerely,
You
________________________________________________________________________________
If he calls asking you questions about the documents, refer him to your attorney. Honestly, I think your attorney should have/could have handled this for you. If one of my clients requested something like this, it would have taken me more time to copy the documents than to write the above-mentioned (and typed) letter and put it in the mail. I would have been embarrassed to quote a $200 fee for such a letter, regardless of whether or not it wasn't required to be sent by law.
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OT - Advise needed for disinheritance letter