My grandmother left me an inheritance for college and I have been going to college for almost two years on loans and grants (graduating B.A. in 2009). My uncle is executor of the will where it states my inheritance is for college once the land sells or any part of the estate. Some of the land sold this past year and I never recieved a cent. My aunt (his wife- not by blood) wanted me to send proof I was going to college, so I sent it off a month ago. She also is trying to claim I can't get the money if I have a degree (I only have an A.A.) and it's not written anywhere in the paperwork. Now I am starting class in 2 weeks and I have not heard from my aunt or uncle. I think they are trying to scam me out of my inheritance. They personally don't like me, but that shouldn't keep them from giving me my inheritance. What should I do? Is there legal services for a poor college students? I'm really irritated with the whole mess and ready to sue them.
2006-08-08 12:34:15 · 9 answers · asked by ^..^ALUKAH^..^ 4 in Politics & Government ➔ Law & Ethics
I do have a copy of the will already.
And yes, my aunt is not the executor of the will or estate, only my uncle, a cousin of mine (his son), and my brother.
2006-08-08 14:11:00 · update #1
Lots of good answers. I will try all the advice now.
I'm leaving this to the YA! community.
2006-08-09 07:50:20 · update #2
The first thing you need to do is get a copy of the will and make sure that your Uncle is following it. To get the will, you need to contact the probate court in the county where your grandmother lived To locate the probate court, look in the phone book under Government. If there is no probate court listed, contact the circuit court for the county. Request the entire file for the estate. You'll have to pay for the copies, but this will be cheaper than having an attorney get the file for you.
Once you get the file, read through it to make sure what you were supposed to get. It should have a copy of the will in it, and you will see if Grandmother put any restrictions on you getting the money, as far as your degree. (If there is no file there, contact the superior court in the county just to make sure that it wasn't filed there.)
Now, copy the will and highlight the portion telling what you are supposed to get, and send that copy to your Uncle. Explain that you want your inheritance, and if he fails to give it to you immediately, you will hire an attorney and will report your uncle to the probate court for failing to properly administer the will. Hopefully this will be the kick in the butt that he needs in order to give you what you are due.
If he fails to give you the money, see if your school has a legal services department for students.
If no court has a copy of the probate file, it's possible that your uncle is screwing everyone over by not filing for probate. In that case, hire a lawyer and file for probate. The estate will pay for the lawyer if you have to file for probate yourself.
Good luck!
2006-08-08 13:29:46 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 0⤋
Unfortunately money makes people very greedy, So what does your brother say about dispersing funds to pay for your college expenses.
On the inheritance for college, the monies to pay for college comes from land sells or sell of other part of the estate? in the will does it state how these properties should be sold, time period in which to sell a part to pay for your college. Is the sell of the properties tied into other parts of your grandmother inhertiance to the other members of your family?
If you go to a large university, then they should have a graduate in law school maybe get help from them, lawyer to enforce your right to pay bills will cost some cash, does the will provided for lawyer fees in suits to enforce a parties right to the inheritance
might be at least a shot to pay a few hundred to talk to estate lawyer to see what provisions of the will can be enforced and how to enforce your right or is your payment tied into your uncle, cousin and brother
2006-08-08 22:14:04 · answer #2 · answered by goz1111 7 · 0⤊ 0⤋
Contact a lawyer with your story. Many will work with their fee coming out of the settlement - some may even work pro-bono (free) if you ask around.
Also, contact the chancery court in the county where they live (or where the will was filed) Tell them that you feel that the executor is not fulfilling the codiciles (pronounced COD -uh-sills) of the will and want to get a judicial review of their actions.
EAch state is different, but you should be able to file the papers yourself asking for help.
2006-08-08 19:40:29 · answer #3 · answered by Marvinator 7 · 0⤊ 0⤋
Contact the lawyer that drew up the will and request a copy of it.Take that and your school records to an attorney where you live and I bet he will handle it for you and collect after you are given your money ,good luck and don't trust your Aunt ,just trust yourself and your lawyer
do what Marvinator said its great advice,better than mine :)
2006-08-08 19:42:17 · answer #4 · answered by Yakuza 7 · 0⤊ 0⤋
I would try to find an attorney that will offer you a free consultation and see what they say. Sometimes just a nasty letter from an attorney to them is all they need.
It doesn't sound what your uncle is doing in right. Good luck.
2006-08-08 19:39:18 · answer #5 · answered by hotmomma 4 · 0⤊ 0⤋
You should petition to have the so-called aunt removed as executor
if she is jacking you around on fulfilling the provisions of the estate.
A judge will shut that crap down in a hurry.
2006-08-08 20:37:55 · answer #6 · answered by Mon-chu' 7 · 0⤊ 0⤋
talk to a lawyer, cuz my grandpa did that to my mom. He sold land that she was part owner of, and he actually went to jail. I would definately seek advice from a lawyer because now you could be entitled to ALOT more
2006-08-08 19:40:17 · answer #7 · answered by Sierra 3 · 0⤊ 0⤋
free consultation form an attorney seems like a good idea
2006-08-08 19:41:30 · answer #8 · answered by redlaker 3 · 0⤊ 0⤋
talk to an attorney.
2006-08-08 19:38:35 · answer #9 · answered by ceprn 6 · 0⤊ 0⤋