I believe my mother(not married) squandered money left in my father's will

[GabrielaRosa]

Hello I am 22 and my sister is 20. My father passed away when I was 16 years old and left the house and insurance money to our mother. The house was completely paid off and I believe she was the fiduciary for the money and the estate. He specifically told my mother to leave enough money for us to go to college out of what I believe to be $200,000. I have been asking for my father's will for a really long time and she has yet to produce it. I know that in New York they do not recognize common law marriage and my mothers last name is different from my father's and my sister's and I last name. On his death certificate she put her last name as his but they NEVER were married(isnt that illegal?). A lot of this is fishy to me because I have thousands of dollars of debt in college and never saw that money neither has my sister (for college). I want to know what the next step is. I believe the money was blown on other properties she bought and tried to invest in Puerto Rico. Legally is the house half my sisters and I because we are blood and have the same last name? If the money was left in my name and she spent it on other properties can I legally fight for them? What can I do what should be my next course of action? thank you

 

[latigo]

Hello I am 22 and my sister is 20. My father passed away when I was 16 years old and left the house and insurance money to our mother. The house was completely paid off and I believe she was the fiduciary for the money and the estate. He specifically told my mother to leave enough money for us to go to college out of what I believe to be $200,000. I have been asking for my father's will for a really long time and she has yet to produce it. I know that in New York they do not recognize common law marriage and my mothers last name is different from my father's and my sister's and I last name. On his death certificate she put her last name as his but they NEVER were married(isnt that illegal?). A lot of this is fishy to me because I have thousands of dollars of debt in college and never saw that money neither has my sister (for college). I want to know what the next step is. I believe the money was blown on other properties she bought and tried to invest in Puerto Rico. Legally is the house half my sisters and I because we are blood and have the same last name? If the money was left in my name and she spent it on other properties can I legally fight for them? What can I do what should be my next course of action? thank you

Fuhgetaboudit! You have no beginning or next action and your "next step" is to stop spinning wheels and get on with your life.

Because the hard facts are: (a) What your father told your mom; (b) What she did with her inheritance; (c) What she did with her proceeds from his life insurance policy; (d) Whether or not she and your father were ever intermarried; and (e) The surname shown on his death certificate doesn't amount to a hill of beans!

Now if you want to pay your lawyer a couple of hundred bucks to tell you the same thing, that is certainly your prerogative. But the gravy train has long departed the station with mom the only passenger.

 

[GabrielaRosa]

Fuhgetaboudit! Your "next step" is to stop spinning wheels and get on with your life.

Because: (a) What you father told your mom, (b) What she did with her inheritance, (c) What she did with her proceeds from his life insurance policy, (d) Whether or not she and your father were ever intermarried, and (e) The surname shown on his death certificate amounts doesn't amount to a hill of beans!

Now if you want to pay your lawyer a couple of hundred bucks to tell you the same thing, that is certainly your prerogative. But the gravy train has left the station and mom the only passenger.

Lol...... Like I said i BELIEVE she was a fiduciary. Its easier said than done to move on when your father specifically left money for your little sister to go to college and she cant even enroll because of it so thanks for your sarcasm.

 

[justalayman]

Lol...... Like I said i BELIEVE she was a fiduciary. Its easier said than done to move on when your father specifically left money for your little sister to go to college and she cant even enroll because of it so thanks for your sarcasm.

if there was a will that was enforced it would be available through the probate courts of the county of your father's residence.

verbal directives are worthless and unenforceable

 

[latigo]

Lol...... Like I said i BELIEVE she was a fiduciary. Its easier said than done to move on when your father specifically left money for your little sister to go to college and she cant even enroll because of it so thanks for your sarcasm.

Believe it or not, mom was not and is not a FIDUCIARY!

According to your narrative she was the sole DEVISEEof the house and the sole BENEFICIARY of his life insurance policy. And what she did with the same was her singular affair not beholden and unaffected by your belatedly (6 years hence), self-serving allegations of dad's oral instructions/wishes.

None of which would have any legal significance with respect to either his last will and testament or the declaration of beneficiary he most recently submitted to the insurance company.

 

[latigo]

Lol...... Like I said i BELIEVE she was a fiduciary. Its easier said than done to move on when your father specifically left money for your little sister to go to college and she cant even enroll because of it so thanks for your sarcasm.

You come in here falsely accusing your birth mother of stealing $20K from you and your sister and are offended at derision? A dollar figure that is likewise fictitious as having been drawn out of thin air.

And why is there no mention of either you or sis having confronted mom with these felonious accusations?

Or why have these self-serving recollections of utterances from dad only surfaced 6 years following his death?

Has it ever crossed your mind that if dad had intended to make provisions for yours and sister's education and in forsake of the financial needs of the mother of his children - including a roof over her and your heads - that he could have readily and effectively done so?

All rhetorical of course as you have likely left the site to resentfully brood elsewhere.

 

[anteater]

You come in here falsely accusing your birth mother of stealing $20K from you and your sister and are offended at derision? A dollar figure that is likewise fictitious as having been drawn out of thin air.

And why is there no mention of either you or sis having confronted mom with these felonious accusations?

Or why have these self-serving recollections of utterances from dad only surfaced 6 years following his death?

Has it ever crossed your mind that if dad had intended to make provisions for yours and sister's education and in forsake of the financial needs of the mother of his children - including a roof over her and your heads - that he could have readily and effectively done so?

All rhetorical of course as you have likely left the site to resentfully brood elsewhere.

Easy, Lats, easy....

 

[Dandy Don]

So sorry that you have not received anything from your father's estate, but perhaps father did not prepare his estate properly to provide for you and your sister--he may not have known how to set up a trust account for you or how to set aside funds in a separate account designated just for you and your sister. And it's very despicable of your mother not to at least show you the will so you can determine whether in fact or not you and your sister were named as a beneficiaries.

If you know what county the death occurred in, check at the surrogate court (or check online, as most courts have a way to check court records online by entering the name of the decedent) to find out if ANYONE ever opened up a probate proceeding for him or not. If there is a file, you can visit the courthouse to look at the documents to see how the estate was handled and ask questions of the executor. I would guess that probate has NOT been opened up.

Next step is to look up your father's address on the county land records/property tax records to see whose name is listed as owner and whether ownership has been changed or not. If the home has not been sold, see what the estimated value is and then consult an attorney to determine whether you would qualify as an intestate heir to share in the proceeds if this home was sold in a probate action that you and your sister would initiate.

There is also a factor of a statute of limitations to consider--you really should have checked into the details of this much earlier than waiting 6 years to do so, but I understand that obstacles were thrown in your way and you did not know how to proceed. Let's hope that you have not waited too late for anything to be done.

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[adjusterjack]

Hello I am 22 and my sister is 20.

Gabriela, given your parents' situation, my recommendations to you and your sister are:

1 - Learn to use contraceptives so you don't get pregnant by somebody you're not married to.

2 - When you are married and have children do proper estate planning with an attorney so you don't leave a mess behind like your father may have done.