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Turning to you my fellow cag'ers out there on this mater.
I'll try to make this as simple and short as possible.
Here is the thing - I have a step dad, he is in his 80'S. He never had a wife{besides my mother obviously}, never had kids, basically he was a lone wolf. He was an army person and was very commanding and had a very "army" type personality, meaning you must have followed his rules{Such as not placing the bread in 1 specific shelf or else all hell would break lose, yes - thats how bad he was/is}.
One specific time{as many times as before but not as bad as this specific incident}, I was on my way out to work from the house while he was in the kitchen with a knife on his hand and cutting some food - he saw me and stopped me right before I was about to open the door and leave - and asked me why did I put the spare tire{my car's tire} in the backyard storage room{which thats what that room was there for - for tools and such}, and I replied back and told him - "is that such a big deal for you???"
I've had it up with my neck with him and his random bites in that 1 year that I lived with him and my mom and I couldnt understand how my mom lived with him for 8 years up until that time. Any how - his response to me asking him if it was such a big deal if I put the tire in there was "no you cant ing put that shit in there - its my ing house and my ing propery" and I said to myself "oh wow - so now right before Im about to leave to work{with my uniform on} he gonna start an argument about this{Me putting my spare tire in the storage room in the backyard}, so after his response I responded back and said "is that such a big ing deal for you - you always have something to complain about - even when I buy food for the house from my own pocket and fill up the fridge - even that bothers you, Every damn thing bothers you? What kind of a person you are??? So as soon as I said that - he turned his body all the way towards me and was holding his steak knife and basically voices like "ugggh ugghhh and was literally trying to scare me with his knife and was throwing shots at me with that knife, its just like if some one trying to stab you and you are dodging his stabs - and I was about 2-3 meters away from him - and mind you I was stabbed when I was 18, so when I saw that knife - I got scared and I called the police because I had a trauma from before and when I saw that knife I thought he might try to kill me when I'll come home from work and while I sleep. The police came, took him in handcuffs, and he was released that same night I believe a few hours later. I went to work after the police finished questioning me of what happened, and came back home after midnight. Needless to say - he threw away all my stuff outside the house - my mom was overseas, and I didnt have no place to stay/sleep from that night on. Luckily - I knew the neighbhoors which were happen to be very friendly asian family with an american husband, they knew me and I knew their kids which were my age, they welcomed me with open hands to their house and let me sleep there for about a week before I found a new place to live.
To make this whole thing shorter, judgment day came - he was afraid that if the judge will find him guilty of him trying to stab me/kill me or attempt of assaulted battery or whatever you wanna call it - he might have lose his government job{he was working in an army base} and he might have not received any kind of money from that job if he would have been guilty. Weeks before the judgment came - my mom begged me to go to the judge and tell the judge that I forgive him, I didnt want to because I hated him for the way he was treating my mom for all those 8+ years, as far as my self I didnt mind it because I am much younger than my mom and I could handle all the words and yellings he threw at me{althought I think I did lose a lot of hair due to all the stress that I had in that house in that 1 year plus}, but bottom line - I wanted him to pay for all his ed up actions when it came to my mom, and also the way he treated me didnt help for my feelings towards him.
So as the judgement day coming closer - my mom was beginning me to go to the court date and tell the judge that I forgive him, my aunts from overseas begged me, my brother and sister, every one, but mainly my mom was the person who I cared about the most - no one else, and even though I really hated him - I forced my self to go to the court even though I didnt have to, I showed up in the morning, saw him{Step dad} with his defense lawyer, his lawyer spoke in his defense as well as him and only thing they said were that the client{step dad} had a high blood pressure that day, it was a hot day, and he takes full responsibility and accepts what he did and asked for forgivness from the judge. The judge then turned to me and asked me if I have anything to say/add - and for the sake of my mom - I told the judge that I accept his apology.
The judge then noted that doesnt matter even if I accept his apology, this is a serious crime trying to threat some one with a knife, especially when it comes from a one family member to another{I considered him a real father not just step dad - I used to buy him cigars because I knew thats what he liked}, and this shouldnt be taken lightly - but at the end he just gave him 12 months of probation and 6 months of anger management.
After all of this said and done - I thought he really did realize that he mad a mistake - but nothing changed after that day at the court, he still was acting the same way towards me, hating me and always mentioning my name in vein to my that "your son called the police on me", and since then he has been hating me - even though I bailed him and saved him from losing his governmental job.
This is the main story about my step dad and my self, but now here is the story about the Will.
One day last year - he had a bad car accident. He was hospitalized for 6 months{I visited him more than a dozen of times while in hospital, my mom was there every day}, he got out of the hospital and was placed in rehab for another 3-4 months, I was visiting him there as well bringing him food, changing turns with my mom watching him. About 4 months after, just 3 months ago he was diagnosed with cancer. The doctors said he got anywhere between 1-3 months to live. This was a surprise to me and my mom because we both knew how hard of a person he is - always had energy to fight/argue and raise his voice like a captain - literally.
Here is the thing about the Will. My mom asked me to print up the 4 pages of the Will that the lawyer sent through email just 3 days ago, I printed the pages, I saw him put the name of my mother as his Attorney-In-Fact and Agent in his name and his benefit for:
1 - General Grant of Power
A - Power of Collection and Payments
B - Power to Acquire and sell
C - Management Powers
D - Banking Power
E - Power to Borrow and Give Security
F - Motor Vehicles
G - Business Interest
H - Legal Actions
I - Tax Powers
J - Safe Deposit Boxes
K - Other Specified Powers

And the list goes on.. However, I saw something very dis-pleasant, I saw him put the name of my cousin{2 years younger than me which he knows that me and him dont talk or communicate due to personal jealousy reasons that he had with me}, and I know that the reason he wrote his name because he{step dad} wanted revenge on me and him getting back with me because of the whole police situation with the knife years ago, I know his reasoning to do so and I know he did this because he wants me to feel pain or feel upset or angry why I wasnt included in the Will.
The thing that bothers is me not why I am not included in the will - but the fact that I am not so sure about the future of his assents which he passed to my mom because this cousin has his own mom, which his mom never got a long with my mom, my older sister and brother{jealousy reasons}, always had fights with every one in my family, she took a lot of money from my mom in an un-moral/ unfair way, and now with this whole thing with the Will - I dont know what to think of my mom's future's safety of her assets.
This is what him{step dad} wrote on the bottom of the first page of the Will:
"If my wife ________, ceases to act as my agent due to any reasons be - I appoint my wife's nephew________, as a successor agent"
On the 2nd page of the Will - he then mentioned once again the following:
A - "I appoint my wife________, as an executor of this my last Will and Testament. If for any reason my wife_________ shall cease to serve as an executor, then I appoint my wife's daughter______, to serve as an executor in her place and stead", keep reading - this gets better - "If for any reason my wife's daughter_____ ceases to act as an executor - I appoint my wife's nephew_________ to serve as executor in her place and stead".
Not done yet, he adds:
B - " I appoint my wife and her daughter as trustees of any trust created herunder, if for any reason both my wife and my wife's daughter cease to serve as trustee, then I appoint my wife's nephew to serve as a trustee in their place.
C - " I direct that no bond or other security shall be required of my executor, trustee or guardian or any successors thereto, in any jurisdiction in which they may qualify to act"

And take notice please that the nephew{my cousin} that he is talking about never even came to visit him in the hospital, or the rehab for all those months/close to year when he has been laying in the hospital or the rehab center, Im not sure if even a phone call was made. Only reason as I mentioned that he put my cousin's name in there is because he wants me to feel angry or pissed of, which Im not - only reason Im sharing this with you guys here because I consider cag' as my family, and to be honest I was thinking about talking about this with the lawyer who made this will for my step dad - but I dont feel 100% full trusted towards that lawyer.
Basically - after talking about this with with close friend - he advised me to read the whole will{4 pages long} and try to understand the whole thing, which I didnt do because its way to damn long, but the most important points were mentioned in here by me which is when it comes to the names.
I would just like to know one thing - since my mom is the main successor of her husband - will she be able to make new will for her own self when time comes and have all properties{2 houses} and all the funds that her husband left for her be given to any person of her choice?
I really dont care about myself honestly when it comes to this whole issue, I'm sure my mom cares about me and she will leave me something but honestly not about that, this is about my mom's future as far as her husband's assets. I myself am a hard working person, a Im a cag'er just like you guys, I survive by my self, provide food for myself, provide for my gaming needs myself, I dont ask any one for anything when it comes to money, Im just trying to ensure my own family's{Mother, blood brother and blood sister} future safety and well being just like any normal caring family member would do.
I apologize for the long message, but I had to share this with you guys because just seeing the name of my cousin, and know him and his mother - Im not so sure what to think of this.
Maybe I'm over-reacting or not really understanding what I read on the Will especially since I am a lawyer myself - but just seeing my cousin's name in there gives me an orange/red flag.
I would really appreciate it if any one who has some experience in legal matters such as this wouldnt mind shedding some light/info on this situation.

Wow, I enjoyed the story, hope everything falls through for you.

Originally Posted by Rosterking Wow, I enjoyed the story, hope everything falls through for you.

Thanks a lot I really appreciate it. I hope more people will respond back.

I'm glad to see that you stayed strong through dealing with this guy. If I was in your position, I, on the other hand, would not have been so forgiving, and would have made sure he suffered to the utmost degree in his final months. He truly sounds like a miserable bastard.

Good for you though, pulling through it all.

standard "I am not a lawyer" disclaimer applies here. The executor of the will is simply the person who carries out the terms of the will. They take care of things like remaining debts, taxes, and paperwork. What you should be interested in are the distribution of assets and who the beneficiaries are. I'd imagine most of the stuff was owned jointly between him and your mom, so she should get it all. Once the terms of the will have been carried out and his estate closed, the assets belong to who they belong to. If you mom got both houses, its up to her what to do with it in her will. Again, I am not a lawyer.

Originally Posted by SolidSnake86 I'm glad to see that you stayed strong through dealing with this guy. If I was in your position, I, on the other hand, would not have been so forgiving, and would have made sure he suffered to the utmost degree in his final months. He truly sounds like a miserable bastard. Good for you though, pulling through it all.

Thank you for the positive words, I did lose a lot of nerves because of him, but my mother is the one who I care about in here the most - not my self, and she is the one that really needs a medal of honor for putting up with him and his crazy crap for 12+ years.

Originally Posted by Salamando3000 standard "I am not a lawyer" disclaimer applies here. The executor of the will is simply the person who carries out the terms of the will. They take care of things like remaining debts, taxes, and paperwork. What you should be interested in are the distribution of assets and who the beneficiaries are. I'd imagine most of the stuff was owned jointly between him and your mom, so she should get it all. Once the terms of the will have been carried out and his estate closed, the assets belong to who they belong to. If you mom got both houses, its up to her what to do with it in her will. Again, I am not a lawyer.

If this is true what you said in here - then this is quite the relief for both me{not because I will be glad to know that I will be getting anything because I really dont care about his money when it comes to myself, I been providing for myself for the past 10 years and never asked a penny from him or my mom for that matter and I know no one knows me here in person but this is the truth and really I could care less if I dont get anything because Im the type of a person who is enough with whatever I have and what ever I make, I never ask for too much, I never "hoard" when it comes to games/buying stuff online, Im just happy with what I got and do my best to provide for myself}, but what I do care about is my mom and making sure she gets everything, and I mean - Everything - because she really does deserve everything for all these years that she put up with him.
I am wondering if any one could take the time to read the 4 PDF files of the Will that the laywer sent us and let me know what does it means exactly, I would be really greatful and would be even willing to send a game for the PS3/ Xbox 360 of your choice.

I second what Salamando3000 said about looking at the distribution of assets. That's where you'll really see if he's screwing your mom or not, but it sounds like she was given power-of-attorney with everything that isn't being signed over to anyone else. Is the will in legalese?

*Not a lawyer.

Originally Posted by dohdough I second what Salamando3000 said about looking at the distribution of assets. That's where you'll really see if he's screwing your mom or not, but it sounds like she was given power-of-attorney with everything that isn't being signed over to anyone else. Is the will in legalese? *Not a lawyer.

Im sorry but Im not sure what "legalese" means?

He made a joke. He's asking if the will is in all legal mumbo jumbo. I hope everything works out for you too! I would of just shown up to court that day and said I hope he gets the maximum sentence!

He doesn't want your help. He said so very plainly in the will. I wouldn't help him if I were you.

Originally Posted by Collectorguy00 He made a joke. He's asking if the will is in all legal mumbo jumbo. I hope everything works out for you too! I would of just shown up to court that day and said I hope he gets the maximum sentence!

Yes its all legalized through a lawyer.
Thanks again regardless.

I agree with what others have said, distribution of assets is where you really ought to be interested to see what your mom will receive. But it sounds like her and her daughter (assuming shes your sister here) will really be handling most of the responsibilities from the will. Hope it all works out for you, kudos for handling a rough situation really well!

It wasn't really a joke.

What I was asking is if it was written in a way that only lawyers would be able to understand. If it wasn't, then I strongly recommend that you attempt to read and understand it yourself as four pages doesn't sound that overwhelming. If you can't, I also strongly recommend that you find a lawyer on your own to help explain it.

I hope things work out for you.

Originally Posted by GamerDude316 I agree with what others have said, distribution of assets is where you really ought to be interested to see what your mom will receive. But it sounds like her and her daughter (assuming shes your sister here) will really be handling most of the responsibilities from the will. Hope it all works out for you, kudos for handling a rough situation really well!

Thanks again for the positive words.

Not sure if I understand what happened because your story isn't that clear, but did he hand write on a printed will? Depending on the state laws, he might have screwed up.

Long story short:

My Grandfather had a will drafted up by an attorney years before his death. He was a hateful old man, and when it was close to his time he decided to hand write changes on the will to make sure my Grandmother got nothing of his. Well, just so happens that the law says you can either have a hand written will or a printed will, but if you write changes on the printed document it becomes invalid. My Grandmother became the the sole beneficiary of all his possessions by default since there was no valid will.

Your Mom is the executor. Once the Will is probated the assets will be distributed as per the instructions in the Will. If the Will is found to be invalid then you need to look at state distribution laws. There is nothing you can do to change things. So just sit back and relax. P.S. your mom can hire an attorney of her choosing to probate the will.

Originally Posted by blindinglights Not sure if I understand what happened because your story isn't that clear, but did he hand write on a printed will? Depending on the state laws, he might have screwed up. Long story short: My Grandfather had a will drafted up by an attorney years before his death. He was a hateful old man, and when it was close to his time he decided to hand write changes on the will to make sure my Grandmother got nothing of his. Well, just so happens that the law says you can either have a hand written will or a printed will, but if you write changes on the printed document it becomes invalid. My Grandmother became the the sole beneficiary of all his possessions by default since there was no valid will.

The problem with your Grandfather's Will was that he altered the will post "perfection". That's a big no no. You cannot simply correct a Will. In such a case you need to draw up a new Will. I know logically it sounds ass backwards but in practice it works really well for many reasons.

Originally Posted by blindinglights Not sure if I understand what happened because your story isn't that clear, but did he hand write on a printed will? Depending on the state laws, he might have screwed up. Long story short: My Grandfather had a will drafted up by an attorney years before his death. He was a hateful old man, and when it was close to his time he decided to hand write changes on the will to make sure my Grandmother got nothing of his. Well, just so happens that the law says you can either have a hand written will or a printed will, but if you write changes on the printed document it becomes invalid. My Grandmother became the the sole beneficiary of all his possessions by default since there was no valid will.

Ahahaha that's awesome.

Originally Posted by kill3r7 The problem with your Grandfather's Will was that he altered the will post "perfection". That's a big no no. You cannot simply correct a Will. In such a case you need to draw up a new Will. I know logically it sounds ass backwards but in practice it works really well for many reasons.

Some states, i.e. PA, would have possibly allowed the Grandfather's handwritten changes to be probated, particularly if he just struckthrough specific words or phrases.