Monday, September 10, 2012

Because Nothing in Life is Simple

Nope. No simplicity here.

Although the mystery, or most of it, was solved it wasn't the end of the troubles. The attorney is now requiring a much larger retainer because of the complications that arose as he dug into the situation.

Because W was in arrears on his payments to Velma when the garnishment was first placed, and because the amount allowed to be garnished was less than the amount W was ordered to pay monthly to Velma, Velma's estate now has an asset of whatever amount is still owed for all those years' worth of support less what has actually been paid. In other words, it is pretty darned big. Now if Fred and Shaggy, as Velma's primary heirs, want to go after it, they can fight W in court when W, through his attorney, petitions to have the garnishment released.

Also, there is some question as to whether Velma could legally assign a garnishment over to her children. If not, it could be that Medicaid will be involved in the whole mess, because Fred may have, as Velma's power of attorney, assigned it so as to bring Velma's assets/income to a level where Medicaid would pay for the nursing home Velma was living in. If that were not allowed, then Medicaid could collect from Fred and Shaggy any money paid to them and attach the asset the Velma's estate has in the receivable from W.

So yeah, on a legal level there are several messy factors, and no matter how it turns out there will be mucho dinero spent on attorneys. So there goes the last little bit of the trust money that was in W's mother's trust since these kinds of expenses were one of the allowed reasons for W to receive money from the trust.

Add to all those expenses, the expense of W changing his will as he now wants to exclude Fred and Shaggy from inheriting any portion of his estate because he is pissed off. This will probably be the least of the legal expenses, but I wonder if he won't incur more expense later on down the road if/when he softens and decides to write them back into the will.

And in the back of my mind, I can't help but think that this won't be over even when W dies. Fred and Shaggy will fight, I'm sure, to get whatever they can out of me and out of W's estate no matter what W's will says. I fear that this is going to be an ongoing battle for the remainder of my life.

After W dies, I'm going to find some old, rich Republican to marry and let him spend all the money he doesn't pay in taxes on me! No, probably not. I don't think I could stand living with a Republican even if he gave me all the jewels in the world. {shudder}

1 comment:

Val said...

**Snort!** Not a REPUBLICAN!?!?!

Ugh, this whole situation makes my head spin... I should count myself lucky that P has no children by any prior relationships.