Aunt trying to keep money left by grandfather in will

[TS28]

What is the name of your state (only U.S. law)? Oregon

Here are the background facts:

Girlfriend's grandfather leaves $20,000 for each grand child. In his will, he states that if there is not enough money in his possessions to give $20,000 to each grand child, to sell his house. He leaves his daughter, my girlfriend's aunt in charge of the money to distribute when needed.

He asks his money to be simply put into accounts and not invested.

The daughter of his instead invests the money, trying to make a profit. Now, there is a $15,000 shortage split between my girlfriend and her brother.

Instead of selling the grandfather's house, his daughter moved into it as it was much nicer.

Because of the losing $15,000 in the stock market, my girlfriend's aunt has basically said "Better look for another source of money, because you're almost out."

Yet...The will says that if there is not sufficient funds, his house is to be sold to make there be enough money.

Are we able to take legal action to either force the money out of them, take the house away, or force them to sell the house?

We have the original copy of the will.

Thanks for reading

[Zigner]

Originally Posted by TS28

What is the name of your state (only U.S. law)? Oregon

Here are the background facts:

Girlfriend's grandfather leaves $20,000 for each grand child. In his will, he states that if there is not enough money in his possessions to give $20,000 to each grand child, to sell his house. He leaves his daughter, my girlfriend's aunt in charge of the money to distribute when needed.

He asks his money to be simply put into accounts and not invested.

The daughter of his instead invests the money, trying to make a profit. Now, there is a $15,000 shortage split between my girlfriend and her brother.

Instead of selling the grandfather's house, his daughter moved into it as it was much nicer.

Because of the losing $15,000 in the stock market, my girlfriend's aunt has basically said "Better look for another source of money, because you're almost out."

Yet...The will says that if there is not sufficient funds, his house is to be sold to make there be enough money.

Are we able to take legal action to either force the money out of them, take the house away, or force them to sell the house?

We have the original copy of the will.

Thanks for reading

How do you have the ORIGINAL will? That should be with the probate file...

(I know the answer to this )

[tranquility]

Girlfriend's grandfather leaves $20,000 for each grand child.

The ordering of specific bequests if the estate cannot (in case the house was given to another) is a difficult fact situation. You would need to see an attorney to determine the outcome. However, if the house is merely a part of a general bequest, the specific bequests are completed first if possible. (Here, the house would be sold to earn the money.)

The daughter of his instead invests the money, trying to make a profit.

You need to determine the advice given on the investment and the type of investment. This alone is very possible to be a breach of the daughter's fiduciary duties.

Now, there is a $15,000 shortage split between my girlfriend and her brother.

If the choice she made hurts some beneficiaries over others (for instance she is the remainder beneficiary) that would be a breach of here fiduciary duties.

There are possible and likely breaches here by the executor. See an attorney as more facts would be needed to see if there is an actual breach.

[Zigner]

Originally Posted by tranquility

The ordering of specific bequests if the estate cannot (in case the house was given to another) is a difficult fact situation. You would need to see an attorney to determine the outcome. However, if the house is merely a part of a general bequest, the specific bequests are completed first if possible. (Here, the house would be sold to earn the money.)

You need to determine the advice given on the investment and the type of investment. This alone is very possible to be a breach of the daughter's fiduciary duties.

If the choice she made hurts some beneficiaries over others (for instance she is the remainder beneficiary) that would be a breach of here fiduciary duties.

There are possible and likely breaches here by the executor. See an attorney as more facts would be needed to see if there is an actual breach.

I'm putting my money on there being no executor yet...

[stealth2]

And at the end of the day, "we" do nothing. OP has no standing to be at all involved.

[Gracie3787]

Originally Posted by TS28

What is the name of your state (only U.S. law)? Oregon

Here are the background facts:

Girlfriend's grandfather leaves $20,000 for each grand child. In his will, he states that if there is not enough money in his possessions to give $20,000 to each grand child, to sell his house. He leaves his daughter, my girlfriend's aunt in charge of the money to distribute when needed.

He asks his money to be simply put into accounts and not invested.

The daughter of his instead invests the money, trying to make a profit. Now, there is a $15,000 shortage split between my girlfriend and her brother.

Instead of selling the grandfather's house, his daughter moved into it as it was much nicer.

Because of the losing $15,000 in the stock market, my girlfriend's aunt has basically said "Better look for another source of money, because you're almost out."

Yet...The will says that if there is not sufficient funds, his house is to be sold to make there be enough money.

Are we able to take legal action to either force the money out of them, take the house away, or force them to sell the house?

We have the original copy of the will.

Thanks for reading

Are you named in your GF's Grandfather's will?

If not, YOU cannot do anything.

Yes, your GF can do something, she can get a consult with a probate attorney to see what her options are.

[TS28]

First of all, BIG THANKS to everyone for the replies so far (even the sarcastic ones )

I have a couple updates with a bit more factual of information. I showed my girlfriend this post and she made a couple corrections.

First: Its not that the money is actually invested in the stock market. Instead, a financial advisor told her to, instead of putting in a simple savings account (what the will told her to do), to put it into some sort of account that has to do with the stock market. It is because of this that the account lost $15,000 in value.

Yet even so, the will states that if the aunt is unable to get the money to the cousins which were left the money, the aunt is to sell his house to get the money. But instead of doing this, they sold their original house and moved into the (now passed) grandfather's.

And as pointed out, yes, not the original one. But it is a copy of the original, so we are very clear on the wording.

Does this change anything?

Thanks again

[tranquility]

The only thing I see is you would have a harder time proving the breach for an investment which is not acceptable. Not to mean you couldn't, but it would be harder.