• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help!!!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

adrian

Guest
June 28, 2000
Hobbs,New Mexico
21 years old

My Great-Grandmother passed on Sat.the 24th The reading of the Will took place on the 26th. She left each of her grandchildren(12) $10,000. On the 27th (after the funeral) my grandmother made a comment about some of the grandchildren not getting the money and winking at my mother. I asked my mother later that evening why she winked at her and she tried to play it off. Later she tells me I will never get the money. Do I have a legal right to this money? I realize you will advise me to get an attorney, but do I have a strong case. My mother and grandmother have always tried to hold money over my head. My mother took out credit cards in my name and killed my credit. ( another story) Had me take out loans to pay for my college, where my twin sister did not have to pay a cent. (another story) Just paid over $40,000 to send my twin sister to Betty Ford Clinic.(another story) The $10,000 will help me pay off my loans and I could use the money.
 


H

hudson gal

Guest
Hi,
I am not a lawyer and speak only from experience. When my mother passed away a couple years ago, she left specific amounts of money to the children and grandchildren. My brother and sister were co executors of the will. The job of executor is a very serious position and everything should be done according to the law and the IRS regulations. A check has to be given to you from the estate. As far as I know, they CAN NOT keep your money. We had the same feelings about one of my brothers. We did not want to give him a cent, but my mother left him 20% and we had to give him the check.
In my state, the will has to be taken to the probate court where a copy is kept on file. The executor pays the probate fees. The court notifies everyone who is in the will who the executor is, and if they object to the executor, they have to contact the court. Maybe when you get that letter, you can make your concerns known to the court. If there is a house and other items to sell, all of that has to be done first. But all of the money has to go into one account in the name of the decedants estate with the executor being the only one who can write the checks. The executor should be working with a certified public accountant to keep all the paperwork straight. K1 forms have to be filed with the IRS for everyone named in the will, and if they are not, the executor will pay a penalty. So I suggest to you that you get a book and read up on wills and executors. If you can't afford one, go to the library or check on the internet. There's plenty of info. The IRS page has a copy of the publication for Executors. You can read that so you know what they are supposed to be doing. Just get knowledgeable and be assertive. Don't let them try to pull anything funny. If the money is there, then you should get what your great grandmother left you, or a percentage if the estate doesn't have the whole amount. I don't think you have to hire a lawyer, but it wouldn't hurt to contact one just to see if there is anything he could do to make sure you get your check. Just stay on top of things. And get the lawyer if they don't share any information with you. And go to the court and get a copy of the will after it is probated. Good luck to you. I hope I have said something that can help you. Post back so I know how it went.

hudson gal
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top