need some legal advise if ya have any?

[freya]

:bad: May 12, last year, my ex husband dies in a car accident. i have his one and only child. Now, first off, the family fought over and took EVERYTHING! they were even going to try to sell his clothes at a yardsale! i stayed out of it, although my son is his next of kin. i figured i am not a vuilture. well, time passes on, and Zack started to ask me if I had anything that was his daddy's so that he wouldn't miss him so much. well, i have nothing. Then his mother calls me to tell me she is putting together a box for my munchkin of special things that were his fathers. his brother tells me they are saving James' (my Ex) magic c ard collection, his tarot and his stones for him. (while Zack is sitting there) so he is excited! It was agreed by the family (all of them) that his jeep (nothing fancy, but james had planned on restoring the thing for Zack even before he died) would go to Zack. Now, mind you, my son has a few pictures of his father and nothing more. He and his dad would work on it to getherand what not. so, I call his brother to inform him that I will be back in Nevada this weekend, and plan to pick up the jeep to bring back here to start head to toe restoration, little by little. His wife tells me 1) her husbands name is on the title 2) he will not let me take it (or anything else tht Zack was told was his) 30 when Zack turns 16, he will add Zacks name to the title, and Zack is never allowed to sell or trade HIS jeep!!! I am well, FURIOUS!!! what right does he have to tell my son what he can and can not do with it?!! and of course to boot, he is giving parts of the jeep away! I believe that since Zack is the next of doesn't it ALL belong to him? anyone got any advise?
thanx!

[gunner]

no freya, you are not the vulture!, but your in-laws are certainly giving vultures a bad name. i'm not a lawyer by any stretch of the imagination, more like one of those who sometimes correct lawyer's mistakes, but i would think, based on "common law" that your son would have rights as sole surviving blood heir that are enforceable under statute law and i strongly suggest you get a good, hungry, lawyer and go after your son's rights. my wife ran into this problem when her mother died intestate but when the assorted cousins and such gathered for the feed they found my wife had a mean, dangerous and unpleasant old man on her side. she got the things her mother left that she wanted. i can't strap on my pistol and ride out there to help you so get that lawyer and protect your son's rights.
"gunner"

[Earth Walker]

I agree with gunner. Get a good lawyer and fight for
your son's rights.:D
It is a shame that many people are of the "me #1",
"me first", or "what's in it for me?" types.
Money, possessions, and power is their mindset. :confused:


Violence is the last refuge of the incompetent.:crazy:
---Isaac Asimov - Foundation

[freya]

thank you so much for your support and advise!! it just gets so frusterating sometimes!! and how can someone steal froma six year old child? that just makes me @#%$#@ mad!!! i hate to have to ruin the relationship we hav e had, even through his passing, but so be it, i will go get a lawyer, thank you!

[Earth Walker]

I went through a similar experience, after my Dad
passed away.:( :( :(


Violence is the last refuge of the incompetent.:crazy:
---Isaac Asimov - Foundation

[gunner]

regrets on your father's passing and that you suffered the vultures too. i've learned from my wife's experience and while my "estate" will likely be nothing but a few guns and a house i have made it plain who gets what when my time comes.

[idusty88]

Have you applied for social security survivors benefits for your son?

One thing to keep in mind about these 'in-laws', they may not think of your son as near and dear enough to the family to share any of his dad's material possessions, but they may very likely come to think of your son as something so near and dear to them that they feel compelled to try for custody of him (especially if there are big differences in your worldviews-i.e. if they're xian and you're not). I know, I went through such a scenario. My advice is to stay away from them completely or at the very least to be very wary of them and NEVER give them anything to use against you.

[side comment to Gunner: I hope by "made it plain" you mean legally binding. Laws and directives are only as good as their enforcement.]

[gunner]

very good advice on the survivor benefits idusty, her late husband paid into social security, his son has that coming as far as i know, check that with your lawyer too freya. and yes dusty, it's in writing, thanks too for that advice.

(and "never give them anything to use against you" is very good advice too!)

[Rick]

My Dearest Patroness Goddess Freya,

Be sure that you get a lawyer that's licensed to practice in the state where your ex lived, if it's different from your own. Your state's Bar Association should be listed in the phone book, & they should be able to put you in contact either with someone local that is so licensed, or with the other state's Bar Association (you may have to retain someone from the other state). Otherwise, you'll wind up retaining a local lawyer who will retain the out-of-state lawyer, & that will become expensive quickly.

The only things worse than in-laws are ex in-laws.

Meanwhile, refer to "Rune Magic I" on the "Magic" list. It might help you to manifest the outcome you want.

Frith & Pax

Rick Runesinger

[freya]

i am recieving survivors benefits, i finally felt comfortable enough with it a few months ago, but thank you for the suggestion! i was also lucky in the fact that my ex husband at least thought of zack somewhat and was kind enough to leave zack some college money. it is in a trust that he can't touch without permission, untill he is 25. old enough to know better, i hope! but i can still authorize the use of his money for college tuition! kinda handy, huh? i thought that was better than him turning 18, blowing it on womwn and friends, and having nothing. i am a single mom, we all can't afford to pay the high costs of school for our kids. even if we save some here and there, it is barely enough for their school, let alone our retirement! any way, i hope that it was a wise decision, i took all of your advise, i did get a lawyer, appt is on the 22nd, of this month. no one really wanted to take the case because their wasn't enough in it. i thought that it was stupid! they kept telling me that i would be spending more money than the things were worth! typical, $$$blinds people so much, thry just don't see what is really there! i know that the jeep is only worth 2 or #300.00, and the cadr collection, may not be worth much more than that either, but to my son, it is part of the memories with his father, and that is priceless!!!
and, fo course, my heart goes out to you mystique for the passing of your father, and theinsincerety of the family!

[Rick]

Good for you for pursuing your principals. You might invoke Tyr to bring justice to your cause.

Frith

Rick Runesinger

[gunner]

i'm most pleased to hear that you have gotten a lawyer and are going to hold the relatives to account. we so often hear the words "i got my rights" but in truth no one has any rights if they are not prepared to enforce those rights at every level.

and with that thought i think i've finally found my signature line.

"no truce with kings!"

[Fawn]

Honey, you take those losers to court like you paln and the next time Zack asks you what if anything YOU got from his Dad tell him the truth--HIM!!!
Remember this though-win or lose the case all you all will fighting over is 'objects' not love--let them have them with dignity and I would meantime fill my son with the dreams you and his Dad shared and memories of when he was a baby and toddler and how wild Daddy was over him.

[Yvonne Belisle]

As for the card collection.... I collect magic the gathering and the value depends on the cards. Some of them can be worth a good amount of money. As in the same or more than the jeep. try www.neutralground.com you can see some of the latest prices for cards. It won't help much unless you know what he has but at least you'll have an idea.

[idusty88]

Originally posted by gunner
and with that thought i think i've finally found my signature line.

"no truce with kings!"
Good one Gunner!:D

[Kaylara]

Does anyone want my old Magic cards? I really just want to get rid of them. They are in fairly good condition, and I think that they were made before they made the game less violent.
Let me know!

Kaylara