Inheritance Help Please! Can My Aunt Take Everything?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Let me get this straight...the will says that grandma's estate is to be divided equally among her children and one of those children has since passed away leaving only one direct heir. You are asking now whether your deceased mom's share of the estate automatically passes down directly to you (the grandchildren) and/or your dad (son in law)?

I don't know the answer to that but it seems to me that you would need to be listed as a direct heir to receive money from the estate. If you are not listed in the will, you are not an heir. The estate goes to the living children - your aunt is the heir in this case. If your aunt passes away before your grandma does then the estate gets divvied up between the next closest relatives (the grandkids) unless the estate says otherwise. If you are concerned about this, you can talk to your grandma. I'm sorry for your loss.

OMG you have some SERIOUS reading comprehension issues!!!

The will, according to OP's father, says that the executor will divide the assets as the executor sees fit. There are two surviving direct heirs, the aunt and the uncle. OP wants to know if (a) her father's characterization of the what the will says is even possible and (b) if it is in fact true that her aunt can distribute the assets as she sees fit, does this mean that (1) she can keep all the money herself and if so, (2) can OP and/or her father contest this.

There are two surviving DIRECT heirs and the Op and her dad aren't one of them. This is between the heirs - the aunt and uncle. It sounds as though the Op is looking to step in to get her own piece of the pie. Problem is, it isn't her pie to divvy up. Op and her dad know this and if they think they should be in the will they should go directly to grandma and ASK to be named in the will as opposed to sneaking in through some sort of legal back door.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I would definitely tell the grandmother that the aunt has a gambling problem. That is the last person who should be in charge of anyone's estate.

Why? And why is Op so sure that this aunt wouldn't recognize her sister's family? It doesn't sound like this woman with this "horrid personality" and gambling problem was trying to meddle in her sister's estate. Why can't Op give her the same consideration?

As a mom, myself, the last thing that I would want is this kind of nastiness between family members. If I caught wind of that you would be cut off so fast...

You clearly have never known anyone with a gambling problem. Lucky you.

Then tell the UNCLE and let him talk to his mom about it.

[Anonymous]

You should absolutely talk to your grandmother about this. As suggested, ask about sentimental items and let the conversation continue from there.

Do not listen to the crazies here - they don't want to you to get anything regardless of who will get it, whether you need it etc.

[Anonymous]

Anonymous wrote:Sticky family situation here.
My mother sadly passed away last year from an extended illness. Her mother (my grandmother) is in her 90s and while in good health, probably won't be with us for too much longer. We are pretty close and have a good relationship. She originally named my mother the executor of her will but since she passed away, the executor role moved to my Aunt. My Aunt is unfortunately one of the most vicious and deceitful people I know. She was terrible to my mother her entire life and has always tried to find ways to make/take money off her own parents. My father swears up and down that he saw the will (due to the fact that my mother was the original executor) and the will states that the executor has the right to say how the inheritance is distributed among the siblings. I have an uncle as well. I am now concerned that my Aunt will take everything for herself and completely cut out my Uncle and the surviving members in my immediate family.

First of all, is it even possible to have a will that dictates the executor can make all financial distributions? Also, are there any legal avenues I can explore if it comes down to her taking everything? I'm not sure I would have a case if I wasn't an immediate heir. My grandmother will be leaving behind a very large sum of money. Its not about the money for me (we are perfectly comfortable) but I would rather die that see that woman take all of it, especially with how she treated my mother. I can also see her just dividing the money between herself and my Uncle and cutting our family out altogether since my mother is no longer alive and can't be named an heir.

Appreciate any thoughts.

Anytime someone says, "it's not about the money," it's about the money!

[Anonymous]

Anonymous wrote:

Anonymous wrote:Sticky family situation here.
My mother sadly passed away last year from an extended illness. Her mother (my grandmother) is in her 90s and while in good health, probably won't be with us for too much longer. We are pretty close and have a good relationship. She originally named my mother the executor of her will but since she passed away, the executor role moved to my Aunt. My Aunt is unfortunately one of the most vicious and deceitful people I know. She was terrible to my mother her entire life and has always tried to find ways to make/take money off her own parents. My father swears up and down that he saw the will (due to the fact that my mother was the original executor) and the will states that the executor has the right to say how the inheritance is distributed among the siblings. I have an uncle as well. I am now concerned that my Aunt will take everything for herself and completely cut out my Uncle and the surviving members in my immediate family.

First of all, is it even possible to have a will that dictates the executor can make all financial distributions? Also, are there any legal avenues I can explore if it comes down to her taking everything? I'm not sure I would have a case if I wasn't an immediate heir. My grandmother will be leaving behind a very large sum of money. Its not about the money for me (we are perfectly comfortable) but I would rather die that see that woman take all of it, especially with how she treated my mother. I can also see her just dividing the money between herself and my Uncle and cutting our family out altogether since my mother is no longer alive and can't be named an heir.

Appreciate any thoughts.

Anytime someone says, "it's not about the money," it's about the money!

And even if it is - so what? Why are so many of you rooting for the aunt to get it?

[Anonymous]

Honestly op, I would just talk to your grandmother and ask her straight up if you and your siblings are to inherit your mother's share of any eventual inheritance, now that your mother died. Ask if that is in the will - if she says "no, I hadn't thought my daughter would die before me" - ask her if she plans to change the will to accommodate the new scenario.

If she says "no, I plan to leave my money only to my living children." You say "thank you for your frankness" and move on.

When you start the subject apologize for it beforehand for bringing it up.

[Anonymous]

Anonymous wrote:Honestly op, I would just talk to your grandmother and ask her straight up if you and your siblings are to inherit your mother's share of any eventual inheritance, now that your mother died. Ask if that is in the will - if she says "no, I hadn't thought my daughter would die before me" - ask her if she plans to change the will to accommodate the new scenario.

If she says "no, I plan to leave my money only to my living children." You say "thank you for your frankness" and move on.

When you start the subject apologize for it beforehand for bringing it up.

+1
You need to have something like this conversation. Yes it's uncomfortable but a lot is at stake.

[Anonymous]

If the phrase "per stirpes" is in the will, that would mean op and her siblings would have a right to her mother's share of the estate.

Op, if your aunt does have a gambling issue, I'd honestly be more concerned with what's happening now and if your grandmother is getting proper care. Hopefully your uncle is involved with his mom and she's being looked after and her assets are being used for her benefit, not the aunt's?