• 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.

Family troubles

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

djjohnny00

Junior Member
What is the name of your state (only U.S. law)? NY

My grandmother passed away in June and my mother was told there is no will by her sister, but we're not sure of this. Today we found out my grandmother had $25000 in the bank and that my mother doesn't get any of it because my grandmother was helping her pay some bills before she passed. Is this legal? Doesn't my mother deserve as much as the other children? Also, where would my mother go to try to find if there was a will?

Thank you for your time.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NY

My grandmother passed away in June and my mother was told there is no will by her sister, but we're not sure of this. Today we found out my grandmother had $25000 in the bank and that my mother doesn't get any of it because my grandmother was helping her pay some bills before she passed. Is this legal? Doesn't my mother deserve as much as the other children? Also, where would my mother go to try to find if there was a will?

Thank you for your time.
**A: this is a probate court matter.
 

Zigner

Senior Member, Non-Attorney
Let's put out some hypothetical numbers:

4 kids.
$75,000 in mom's acct.
Kid 1 "borrowed" $25,000 from mom.
Each kid gets $25,000...but Kid 1 owes $25,000 to the estate.

Net result: Kid 1 gets zero. Kids 2, 3 & 4 get $25,000 each.
 

djjohnny00

Junior Member
My mother did not borrow any money from my grandmother. My grandmother just helped her with some bills with no intention of asking it to be payed back. These were not substantial amounts at all, no where near what my mother would get from the bank account. However, I would think that the bill help before the passing would have been considered a gift. One of the other siblings has been living with my grandmother in her house rent free for 2 years and he got his share, I would consider that to be worse than receiving help with bills.
Im sorry for my ignorance, I just found out about his today and have been researching all day to no avail.
Thank you again.
 

ladybg1

Member
If there was no will, the estate would be settled thru the intestate rule. Have you checked to see if anyone has opened probate in the county where she lived? Also if the cash was in a bank account, was there anyone else on the account as a joint tenant. If there was, the cash is theirs to do what they want with. If not, then the distributions should be equal unless there are some papers from your mom agreeing to pay back the money that grandma used to pay her bills.
 

Dandy Don

Senior Member
It sounds like someone in the family, with no legal authority, just decided not to pay this sibling, based on spiteful reasons. As advised, your mother needs to check and see if anyone has opened up probate at the county courthouse. If the account was not paid out to a joint account co-owner named on the account, then the money automatically should go in to probate and she can hire an attorney to open up probate so the money will be distributed properly.

DANDY DON IN OKLAHOMA ([email protected])
 

djjohnny00

Junior Member
Thank you so much for the replies. Apparently my aunt did file a probate after the death. What would be the next step to get her share? Is there some kind of claim my mother has to put in to attempt to receive her distribution of the money? Is it too late now that it is 5 months past when the probate was initially filed?
 

tranquility

Senior Member
Gifts in anticipation of death can be credited against inheritance. This is a complex factual scenario beyond the ability of the forum. See an attorney if you feel your rights are being violated.
 

anteater

Senior Member
And you or mom get down to the Surrogate's Court to view the case file.

Since executor liability to creditors extends to 7 months in NY, rarely does an executor consider making distributions to beneficiaries before then.

How was it that mom found out that she "..doesn't get any of it..."? A pronouncement from her sister?
 

djjohnny00

Junior Member
And you or mom get down to the Surrogate's Court to view the case file.

Since executor liability to creditors extends to 7 months in NY, rarely does an executor consider making distributions to beneficiaries before then.

How was it that mom found out that she "..doesn't get any of it..."? A pronouncement from her sister?
Yes, her sister flat out told her this. My mom is calling the Probate court first thing Monday morning.
 

Find the Right Lawyer for Your Legal Issue!

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