Battle with parent.

[sprinkler123]

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

My grandfather, who actually lived in Texas, left me in his will. My father, who I have had a falling out with for some time, contacted me to let me know that I was left an annuity. He wanted to meet up so that I could "sign some papers" but did not disclose any further details. A couple questions:

1) Can my father hold the annuity from me if I do not want to meet.
2) Do I have an rights to request the documents myself, or is it possible that he HAS to be present or sign anything that might have been left to me? I am not a minor, but it is possible that this will was written when I was.
3) Should I contact an attorney if he is not willing to forward the documents to me, or am I going to spin my wheels on something?
4) If I decide that the hassle isn't worth it, is there any way that my father could assume ownership of the annuity?

Thanks in advance!

 

[OHRoadwarrior]

1. If he is the court appointed executor and you refuse to meet him to sign papers, yes.

2. See reference in 1.

3. You can hire an attorney to act as a go between.

4. It depends on the terms of the annuity and will.

 

[sprinkler123]

Thanks for the quick response.

The reality is, I'm a graduate student. I know nothing about law. Given his history, I'm afraid that he might ask me to sign something that I won't understand. More specifically, I'm afraid he'll ask me to sign something that allows him to fully control the money so that he can use it as leverage. He has a history of doing this with my entire family, hence the nasty divorce with my other parent and the lack of communication.

Father-son relationships are awesome.

 

[tranquility]

For #1, maybe. He will want you to agree to an accounting, but he can't withhold what is yours. It may escheat to the state at some point, but the court will instruct him if it needs to and you don't sign the things needed. As to #2, you asked two questions. First, you have the right to many things as a beneficiary. Including portions of the will/trust that concern you. In anything having to do with estate business, there is no legal requirement the executor needs to be at any signing or presentation.

As to if the executor can exert ownership if you don't sign anything, I suppose. In weird wills that mandate you promise in writing to not farkle in order to inherit, I suppose you would be required to sign the non-farkeling agreement to inherit. However, I wouldn't worry about it. Get an attorney as a go between, any nonsense will be stopped if it arises.

 

[anteater]

Then again, maybe the OP is the designated beneficiary of the annuity and it is a non-probate asset and Dad is just trying to play the great benefactor by bringing the insurance company paperwork to the OP.


(Farkle?)

 

[tranquility]

Then again, maybe the OP is the designated beneficiary of the annuity and it is a non-probate asset and Dad is just trying to play the great benefactor by bringing the insurance company paperwork to the OP.


(Farkle?)

I agree that if the annuity was already set up, this is possible.