Family Will Drama

For me peace of mind is so much more important than money. Find out what the wording of the will is and then move forward.

I would probably let my attorney handle this matter. My situation is a little different. My mom worked for a major financial/banking institution for over 45 years. She retired but never received her pension. They won't give us information about the pension she was entitled to but never received.

I'm fighting for her postumously. I thought she was receiving her pension but found out after her death that she wasn't.

.

Sort of been there.
Drop it.
And ignore any further claims of a debt.
She's gotta look at herself in the mirror.
Your grandma could've set things up to protect her asserts from your aunts spending spree, but she didn't. She was trusting her to do the right thing. She didn't.
Sorry. :(
Stinks to be sure.
At least you know her character now.

Family can be the cruelest and most awful people when it comes to money and wills. If you feel you and your siblings should be getting something then you can contact your grandmother’s lawyer that would be handling her will.

I don’t know if your aunt had anything changed while your grandmother was ill. Once someone has power of attorney then they have the control of the estate. I personally would just walk away and tell your aunt where to go. People like that will get what’s coming to them eventually (either in this life or the next).

When the Will is read, either you are named or you are not. What anyone has "said" previously is somewhat irrelevant. Whether or not people borrowed money is irrelevant unless it is specifically stated in the document. Your aunts do not get to decide what happens, unless that is how the Will is written.

I do not believe that you are entitled to a copy of the Will unless you are named in it. If you are, then you will receive IN WRITING a notification letter from an attorney along with a copy of the document. You will be asked to acknowledge the document in writing with a Notary witness.

This is all a very legal procedure and not subject to anyone's whim. If you feel that there is an error in the Will or you suspect (and can prove) manipulation, you can legally contest the Will. It's awfully tough to prove, though (think Anna Nicole Smith)!

if it was in a will then they have to give it to you. if not then nope. if you arent listed you are not entitled to anything even if it was verbally told.

I'm sorry you lost your grandmother. It's hard to watch someone hang on for so long plus having to put up with insensitive remarks by other family members.

The will states exactly how your grandmother's assets will be split so the executor of the estate has to follow the guidelines. Unless there's paperwork specifically stating that your dad borrowed $$ which needed to be paid back then your aunt has no right to take $$ away from your part. If paperwork does magically appear you could dispute it if it's not notorized with the argument that based on statements your aunt made in the past you have reason to believe it was created just for the purpose of grabbing money.

I'm in charge of the estate when my mom passes. My parents loaned my youngest brother a lot of money and help him financially many times however in the will there is no mention of this so all assets will be split 4 ways equally. Could an argument be made that he's entitled to less due to previous help? Maybe but since it's not in the will then it will not be brought up.

I've never been in your situation, but I agree with you about not wanting to have "those" conversations when grandma is still alive and doing well. I find it very crass to talk about inheritance when the owner of the property is still doing well. My sister and BIL are like that. I bought my home from my mother; it was a second home that she and my dad purchased for my younger sister. Unfortunately, things didn't work out and I ended up buying the house from my mom. Mom bought the house before the housing prices sky-rocketed and I bought it from her at the height of the market. She sold it to me for just over what she paid for it, so she did make some money on it, but not much. Now my sister and BIL believe that any inheritance I get from her should be reduced by the difference between what the house was valued at at the top of the market and what I paid for it. They believe that that's my inheritance.

I've told them I really don't care about an inheritance. I am doing just fine and they can fight my younger sister for everything until monkey's fly because I'm simply not interested!

As for your situation, it really depends on how grandma changed her will. If she left her estate to all of her surviving children equally then you get nothing unless she, like she said, specifically left you a specific dollar amount. If not, you would not inherit your father's share because the will reads "surviving children." If she just left it to her children to divide equally, then you and your siblings are, as a matter of law, entitled to your dad's share and there is nothing any of your aunts can do about it.

Bottom line, you need to see the Will to see the exact language in order to determine whether you're entitled to anything. If you are, go after it! Grandma wanted you to have it and you should have it.

Most attorney's will give you a free one hour consultation. Before going you should get a copy of the will. Your aunt should have probated by now and you can request a copy from the resister of wills in the county where your grandmother lived/died. I would call either an estate attorney or a litigation attorney. Good luck.

Did she put it in an irrevocable trust? Then the money could not have been divested. If not-you may not be able to recover the money-why did she give greedy aunt POA? What lamebrain would expect a Grandmother to give them the money over her own grandchildren? If your Gran gave you reassurance-then there may be more to this-call the court or Gran's attorney-or get your hands on a copy and get to the bottom of what is rightfully yours. When your aunt dies-that's when her children will inherit-if she wants it that way-why would she expect her children to get your Father's share if he has living children??? It is also important to know if she had a "limited" power-of-attorney-in that case she may have been limited as to how the money could be spent-like paying off debts against the estate-wouldn't you love to see her have to pay back the money? I know I would. Best of luck-sorry to hear about this sad event-take care.

My question would be IF those CDs had your names on them, how'd anyone else cash them?

We had something similar happen in our family but thankfully my mom hired an attorney to protect my cousins. The thought behind what your grandma did is what most normal families do. Had the son survived he would have inherited the money and then left it to his kids. It doesn't alter what the other siblings get so it shouldn't have mattered to your aunt.

Anyway my mom had to hire an attorney to straighten it out. In our case it wasn't a matter of anyone changing the will but that they were trying to pay the estate taxes out of my cousin's share and they would get whatever was left.

I am pretty sure power of attorney has the power to pay bills for the person but I don't think they have the power to change a will. Thing is what they may have done is what my uncle tried to do. That was apparently illegal. So my advice, if this is your hill, hire an attorney.

Fights over inheritance or lack there of always foster bad blood. I would go with what the will says and accept it. You can't miss what you never had and for some reason surviving family members always feel they are entitled to the deceased person's money. You always have the child that borrowed more than his inheritance would ever be, but that won't stop him from holding his hands out. You always have the child that never visited the parents or did anything with or for them, they too will expect a cut. Personally, if grandma didn't name you in the will, let it go. Let her children fight it out and watch in disgust on the side lines. If you are named, good for you, if not............consider yourself lucky to not be involved in this drama.

I am not an estate lawyer, but we just went through this with my Grandparent's estate....

It all comes down to what the will says. If it says that your Dad received 1/3 of the estate value on the day of passing, then it comes down to what your Dad's will says. If your Dad's will says that your Mom inherited his estate, then your Mom will get his share of 1/3 of the estate (along with taxes)

If Grandma did change her will to say that you are to receive x dollars. Then you received x dollars, if that is possible from the estate.

If Grandma's will reads that you receive x dollars minus any loans from the estate from your father, then the executor of the estate must provide proof of what your father borrowed, and what was/was not paid back to the estate. Then it goes from there.

I would let it go and move on. Have aunt and three cousins. She does not or did she ever have money. Cousins live out of state so due to Medicaid she had to stay close to me. I also had POA. She had to go into nursing home. Well it hit the fan. Gave them a breakdown of every penny even the $1000 they took out with a debit card before I cancelled it. Never heard from them again. I mean she had nothing. I did put some money into a pre need funeral account. Fast forward five years my aunt is in hospice dying. I am there all the time. Them only once. At any rate whe n she diesI will have to throw in two thousand dollars for cremation etc. I' won't eve ask them. Just not worth the aggravation. Just easier that way. If you need the money
Desperately peruse it, if not walk away. Aren't families wonderful.

Updated

I would let it go and move on. Have aunt and three cousins. She does not or did she ever have money. Cousins live out of state so due to Medicaid she had to stay close to me. I also had POA. She had to go into nursing home. Well it hit the fan. Gave them a breakdown of every penny even the $1000 they took out with a debit card before I cancelled it. Never heard from them again. I mean she had nothing. I did put some money into a pre need funeral account. Fast forward five years my aunt is in hospice dying. I am there all the time. Them only once. At any rate whe n she diesI will have to throw in two thousand dollars for cremation etc. I' won't eve ask them. Just not worth the aggravation. Just easier that way. If you need the money
Desperately peruse it, if not walk away. Aren't families wonderful.