Maybe wife, second son is the char siew and siu yok
fighting with son over inheritance.
fighting with son over inheritance.
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Sep 19 2018, 06:02 PM
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All Stars
15,182 posts Joined: Jan 2003 From: Damansara Heights |
Maybe wife, second son is the char siew and siu yok
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Sep 19 2018, 06:12 PM
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All Stars
11,923 posts Joined: Aug 2006 |
Divide equally also problem....and offspring doing the bulk of caring will not be happy those do nothing also get same share....
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Sep 19 2018, 06:18 PM
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Junior Member
253 posts Joined: Aug 2005 |
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Sep 19 2018, 06:18 PM
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Junior Member
913 posts Joined: Aug 2015 |
QUOTE(limeuu @ Sep 19 2018, 06:12 PM) Divide equally also problem....and offspring doing the bulk of caring will not be happy those do nothing also get same share.... True. One case father had 4 sons. Divided equally among 4 sons. Only 2 younger sons looked after him n his wife. Other 2 sons contributed zero. Only come over if got problems or can collect money. |
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Sep 19 2018, 06:28 PM
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Junior Member
253 posts Joined: Aug 2005 |
QUOTE(Chrono-Trigger @ Sep 19 2018, 04:09 PM) haha my own true story - my late relative gave everything to 2 sons, including her own life savings. When she was ill and lying on bed, the sons that she didn't give a lot was the ones that paid for her medical bills and taking care of her. Like that i better cheong all the money and leave nothing but only fund education for the children.The ones that got everything from her, were debating about stopping her life support and stop feeding her so that she died quicker! And they warned others that if she didn't die after 1 year, they will not pay anything for her medical bills. I tell you, such people exist in the world, I saw it with my own eyes. |
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Sep 19 2018, 06:31 PM
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Senior Member
982 posts Joined: Jul 2008 |
Why did I even click on this thread waste of time
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Sep 19 2018, 06:36 PM
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Junior Member
363 posts Joined: Oct 2007 From: broken heart land, single forever~ |
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Sep 19 2018, 06:39 PM
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Senior Member
1,533 posts Joined: Nov 2008 |
fuck up dad, seriously....
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Sep 25 2018, 09:43 PM
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Senior Member
772 posts Joined: Dec 2008 |
Below is my humble legal opinion and analysis...
1st issue - Can the mother get back her 5%? If the mother can prove that the signature is forged, then it is very likely that she would get back her 5% of the property (equivalent of RM150k or based on the current market value which could be higher by now) plus costs. 2nd issue - Would the Court take into consideration of the 5 years of living expenses and award her with minimum compensation? There are 2 possible scenarios that would arise in this case. Scenario A - If the mother's signature for the transfer of 5% is proved to be forged, it is very unlikely that the Court would take into consideration of the 5 years of living expenses spent on the mother, the full 5% would be awarded to the mother. Scenario B - Even if the mother fails to prove the forgery of the signature, the eldest brother's wife would be considered as a trustee for the mother's 5% fund because the eldest son said "dad asked the 5% to be transferred to his wife so they can look after mother." So legally, the mother is still the beneficiary for her 5% inheritance. The eldest brother's wife could only spend the 5% solely on the mother's living expenses until the monies deplete. In such situation, the mother could raise issues like breach of trust or fiduciary duty if there is any misuse or misappropriation of her 5% inheritance. Lastly, if you ask me whether the mother should withdraw her case and take the RM15K, I would say NO unless the eldest brother or his wife can prove that the mother's 5% is completely used up on the mother's living expenses. On a side note: The mother, 2nd son and daughter may challenge the validity of the Dad's Will (the clear distribution of the property suggests the existence of a Will). They can always challenge the validity of the Will if there appears to be i.e. element of forgery (very likely by the eldest brother) or any other hanky panky tactics involved. If the Will is successfully challenged, the distribution will then be reassessed by the Court and they would likely receive bigger portion than a mere 5% each. This post has been edited by Riggo: Sep 25 2018, 09:53 PM |
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Sep 25 2018, 09:51 PM
Show posts by this member only | IPv6 | Post
#170
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Junior Member
772 posts Joined: Jan 2015 |
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Sep 25 2018, 10:10 PM
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Senior Member
2,109 posts Joined: Jun 2007 |
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Sep 26 2018, 08:27 AM
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Junior Member
102 posts Joined: Feb 2009 |
woah necroed. TS when is the next episode .
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Sep 26 2018, 09:19 AM
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Junior Member
67 posts Joined: Jan 2013 |
Best is be like me.
Poor, no asset to leave to anyone! |
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Sep 26 2018, 09:19 AM
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Senior Member
1,691 posts Joined: Aug 2014 From: Soviet Sarawak - Dum Spiro Spero |
any update ka ts
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Sep 27 2018, 10:40 PM
Show posts by this member only | IPv6 | Post
#175
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Junior Member
913 posts Joined: Aug 2015 |
QUOTE(Riggo @ Sep 25 2018, 09:43 PM) Below is my humble legal opinion and analysis... Thanks so much.. Will relay this msg to the family.1st issue - Can the mother get back her 5%? If the mother can prove that the signature is forged, then it is very likely that she would get back her 5% of the property (equivalent of RM150k or based on the current market value which could be higher by now) plus costs. 2nd issue - Would the Court take into consideration of the 5 years of living expenses and award her with minimum compensation? There are 2 possible scenarios that would arise in this case. Scenario A - If the mother's signature for the transfer of 5% is proved to be forged, it is very unlikely that the Court would take into consideration of the 5 years of living expenses spent on the mother, the full 5% would be awarded to the mother. Scenario B - Even if the mother fails to prove the forgery of the signature, the eldest brother's wife would be considered as a trustee for the mother's 5% fund because the eldest son said "dad asked the 5% to be transferred to his wife so they can look after mother." So legally, the mother is still the beneficiary for her 5% inheritance. The eldest brother's wife could only spend the 5% solely on the mother's living expenses until the monies deplete. In such situation, the mother could raise issues like breach of trust or fiduciary duty if there is any misuse or misappropriation of her 5% inheritance. Lastly, if you ask me whether the mother should withdraw her case and take the RM15K, I would say NO unless the eldest brother or his wife can prove that the mother's 5% is completely used up on the mother's living expenses. On a side note: The mother, 2nd son and daughter may challenge the validity of the Dad's Will (the clear distribution of the property suggests the existence of a Will). They can always challenge the validity of the Will if there appears to be i.e. element of forgery (very likely by the eldest brother) or any other hanky panky tactics involved. If the Will is successfully challenged, the distribution will then be reassessed by the Court and they would likely receive bigger portion than a mere 5% each. |
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Sep 27 2018, 10:45 PM
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Junior Member
453 posts Joined: Jan 2016 |
wtf, what father is this? 2nd son get 5% only? if daughter understand la, cuz daughter can marry rich man next time.
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Sep 27 2018, 11:31 PM
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Senior Member
772 posts Joined: Dec 2008 |
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