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Subject:  Re: Payments On UnOwned Property Date:  10/4/2013  11:24 AM
Author:  brucedoe Number:  119251 of 130204


A very nice discussion. First I should say that my wife and I have both been married before so the children (two sons) are hers. We both have our own money. I considered the cottage to be my wife's play toy as every year she made improvements. So long as she was paying for these, partly though rentals, and I didn't have to pony up, everything was fine. I considered my wife to be a very capable person who looked after herself for some years before I came along.

The LLC owned by wife only has the rental cottage, and I technically had nothing to do with it; however, since she had a stroke, I have done my best to take care of things. Even though it was my wife's LLC, as spouse, I may have some obligation. I signed a document releasing any claim I may have had on the LLC as spouse.

Actually the business checking account supposedly used to pay the LLC expenses was a remainder from before the LLC was formed and was never put into the LLC. I was not a co-owner of this checking account. It did not have sufficient funds to pay most expenses, so I paid them out of her personal checking account on which I am a co-owner so I could write checks on it.* For completeness, I have my own checking account on which she is a co-owner.

When it became clear what the ownership situation was, I closed the business checking account (there are days when I can get her to sign her name) and poured the remaining funds (less than $1,000) into her checking account. Since then all payments have been from her checking account. It is too long ago for me to explain why my wife and I are co-owners on each others checking accounts, but I'm sure it was something she wanted to do.

My wife and I both have been married before so we are keeping our financial matters pretty separate, because she has two surviving children and I have none but do have a niece and two nephews. Her family was concerned that in case of their mother's death before mine, everything of hers would pass to my relatives. I have no interest in that as, though they are pleasant enough, they never visit us (my niece once in 25 years, my nephews never though they all take elegant vacations.) whereas we have visited them several times. Don't get me wrong, my relatives are pleasant enough. They just don't have any interest in us. Well, my oldest nephew has published my two novellas, which is quite a bit.

At my wife's request, I have included in my trust that my 3 relatives and their children (4) should each get 3% each of what is left, if anything, in my trust with the rest going to my wife's family. It is my wife's family that look after us, particularly her younger son but both sons, and I think it is fitting that they should get whatever is left. All my wife's grandchildren visit us (along with four great grandchildren).

* My wife used to keep records of how much was "loaned" from her checking account to the business checking account and how it was paid back. These were no interest loans. I discontinued this procedure.

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