Inheritance Help Please! Can My Aunt Take Everything?
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Anonymous
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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. |
Anonymous
| If the will states the executor is to divide the estate as she sees fit among the siblings, then that is her role. However, authority to divide the estate is a duty. That duty does not mean invading and devouring the estate and sucking it dry. That would be a violation of the duty of the executor to divide the estate. In other words, your aunt may divide the estate as she sees fit. But keeping it for herself is not division of the estate among the siblings. |
Anonymous
| I have not heard of an executor being granted the power to split the estate as they see fit. If your grandmother wants to leave everything to the aunt she can do that in the will itself. Maybe talk to your grandmother? Probate is the process by which you would contest the will and that path will be open to you regardless. |
Anonymous
OP here, I agree, I had never heard of this set up either and so I think my Dad is wrong about that. I would talk to my grandmother but it is is such an awkward subject to bring up. So I have probate as option even as a grand daughter and not as a direct heir? Or would my father have a stronger case? Thank you. |
Anonymous
| I think you'd be better off talking to your grandmother now, however awkward. It will be a lengthy legal nightmare later. I would think you'd have a stronger claim but I'm no legal expert. |
Anonymous
| I am the executor of my mothers estate/will. It says I have the right to divide the assets as I see fit. It was done that way because I have several siblings who have sucked large sums of money off my mother. I have no legal duty to divide the remaining assets equally. Or even "equitably" in their eyes. Legally I could keep everything for myself (I wouldn't). The lawyer who wrote the will even pointed that out to my mother at the time. |
Anonymous
| The will is public if she opens probate. You cant change anything about a will. |
Anonymous
| Yeah, sounds like The Aunt is in control here. Lawyer up or get over it. |
Anonymous
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Not worth the fight. You can ask your grandmother about the will and who has the executor role now that your mom has passed. And if there are sentimental things you want you can ask for them now. "Grandma, I love your jewelry box, I would love to be able to have it to pass to my kids".
Otherwise, money fight is not worth it. Whether your aunt gets all the money or not, it won't change the past. Your strongest position is to walk away and not engage in a fight. |
Anonymous
| Another terrible greedy boomer, God, what an awful generation |
Anonymous
| Unless you or your father are named in the will, it is unlikely that you will have standing to contest anything. In order to have standing, you have to either be an heir through the will or an heir by intestate succession and usually granddaughters and son-in-laws are not when there are living children. Agree with PP - either consult a lawyer or move on. It isn't your business what your grandmother decided to do with her estate. |
Anonymous
yeah, right. Only boomers are greedy. 
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Anonymous
| OK thanks for all the feedback. I will liked PPs suggestion of bringing it up in the context of wanting to pass on something specific along to my children. It might open the door to a discussion about all of this. |
Anonymous
Your father (assuming he's married to your mom) can elect to take a statutory share of your mom's estate even if the will says otherwise. You would need to look up your state's law on how much that would be. The rest of you are screwed. |
Anonymous
That is for the spouse's estate only, not the spouse's mother's estate. |