AITA for not giving up the interest on my settlement?

A Reddit user shares their dilemma about whether to waive interest on a divorce settlement that has been delayed due to probate following their ex-husband’s unexpected passing.

With retirement approaching and financial concerns mounting, they’re conflicted about honoring a stepson’s request to forgo the 9% interest stipulated in the agreement. What would you do in their shoes? Read the full story below.

‘ AITA for not giving up the interest on my settlement?’

Married 23 years. Divorce was final 3 weeks later my(67F) ex(67M) died in an car accident. He was supposed to get a loan and buy me out. Since he had not done that yet, the whole thing goes to probate.

My lawyer put a part in the divorce, that after 60 days, 9% interest would start being charged. Obviously probate has d**g on and on. My stepson is requesting that I for go the interest. I took $70000 less than I should have gotten in the divorce. I feel like I’ve already given a lot and I’m not heading into retirement with a very big nest egg.

I’m not angry nor do I want to take advantage of anyone. But its been 9 months and it doesn’t look like anything has been done to get the property ready to sell. I really don’t want to be an a**hole but I don’t want to be taken advantage of.

Here’s how people reacted to the post:

MinervaZee −  NTA. Your lawyer put the interest in their for a reason – it’s incentive to sell the property. (Smart thinking on your lawyer’s part). Do not forgo it. Without it, you’ll never get paid what’s due you.

KaliTheBlaze −  NTA. Your divorce lawyer put in that clause to make sure that either the house would be gotten market ready and sold efficiently, or to protect your interests if it wasn’t sold in a reasonable timeframe. Your husband, and by extension your stepson, already got more than his share of your marital property.

ApprehensiveBook4214 −  NTA.  “Stepson your father agreed to these terms.  I’m not going to go against advice I paid my lawyer to give me.  The terms your father and I agreed to will remain in effect.  Please don’t contact me about changing them again.  I won’t respond to any further requests.”

CandylandCanada −  I had to read this twice to understand that you meant that probate has **dragged** on, and that your stepson has asked you to **forego** enforcing the interest clause. NTA for requiring that the estate abide by the terms that ex agreed to with full knowledge of the consequences and upon legal advice.

Savannah-baker −  I don’t think you’re being an a**hole. You’ve already given up a lot, and you’re entitled to what’s rightfully yours, especially since things have been delayed. It’s not about being spiteful, just fair.

Brave-Cheesecake9431 −  NTA. Don’t give up the interest.

glenmarshall −  NTA. Take you lawyers advice and get what’s due.

DomesticPlantLover −  You are NTA. He owes the money. Tell the stepson what you said: you already settled for less that you “should” have gotten and you won’t settle for less that what the decree specifies.

Fun-Post3536 −  It might help to communicate your concerns openly with your stepson. Let him know that while you understand his request to forgo the interest, you are in a situation where you can’t afford to give up what you’re owed, especially with how long the process is taking.

If you haven’t already, it may be worth discussing the matter with your lawyer to make sure your legal rights are clear and that you’re not being taken advantage of.

theory240 −  INFO: Are there VALID reasons for the delay? I’ve done the executor role for way too many estates now, and some go quickly and some, when obstinate people, companies, organizations or governments are involved, can take years and years!

Second issue: D**th generally cancels all contracts. Depending on exactly what laws apply, your divorce agreements 9% ‘penalty’ may NOT apply to his estate nor to his executor as an ‘Act of God’ or other unforseen circumstance.

Last thing: Lawyers can nibble an estate to d**th quickly… Because the lawyer fees used to defend the value of the estate from you will come out of the estate BEFORE you get anything…

I’m not saying not to get your share of the house. I am saying be SURE that you want to be contentious about this ‘penalty’ because the executor can legally spend the entire value of the estate defending it from you!.

Do you think the user is justified in keeping the interest, given the circumstances, or should they honor their stepson’s request to forgo it? How would you balance fairness and financial security in this situation? Share your thoughts in the comments below!