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My father was a 1/3 beneficiary of his father's irrevocable trust. A few days after my father was diagnosed with a terminal illness, my mother asked me to sign my inheritance over to her. I did so without question because she told me that it would help support her after my father's death. My father passed away 3 years ago and the inheritance from my grandfather remains in trust until his wife passes. My mother received a very large inheritance from the passing of my father 3 years ago and she is now steadily employed as a nurse. She no longer requires my inheritance to survive, yet she absolutely refuses to sign it back over to me. I have no idea what I signed and she won't provide me with a copy. Is there any way that I can revoke whatever it is that I signed? What are my options?

2006-12-17 01:33:45 · 8 answers · asked by Mightyme 1 in Politics & Government Law & Ethics

8 answers

Maybe not. Depends on the trust wording - most Trusts say that benificiaries cannot distribute their share until after death of the trust grantor, ie., at the time you signed it away you had nothing to give to your mom by terms of the trust. Thus, your transfer of your inheritance before he died may be null and void by wording of the trust, just for cases like yours. Get a copy of the trust, and get a copy of what ever you signed. You will probably still have to sue your mom to get the documents and your inheritance money.

2006-12-17 09:00:04 · answer #1 · answered by alaskasourdoughman 3 · 0 0

Check with a lawyer to see what your rights are. Depending on how old you were and your state of mind at the signing, there may well be something that can be done about this. As for signing something you haven't read, never ever do that again.
As for not having a copy of what you signed? She should willingly supply you a copy of the paperwork. Her refusal may well mean the document wasn't legal to begin with. Find out who her lawyer is and go to this person to get a copy of the document. If they can't or won't supply you with a copy, take her to court with your own lawyer.
Good luck to you. And always remember to read everything you sign. Something like that, she should have given you a chance to have the documents looked over by a lawyer. Something to keep in mind....was the document signed by you with witnesses or in front of a notary? If not, that in itself may make the document void.

2006-12-17 01:45:54 · answer #2 · answered by Mary J 4 · 1 0

Get to a lawyer fast. Your age at the time and the emotional stress of the situation are factors that need to be considered.

I also wonder if the inheritance is still in tack or has it all been spent which may be the reason for not returning it to you.

2006-12-17 01:41:02 · answer #3 · answered by D N 6 · 0 0

If you were under 18 when you signed your inheritance over to her, you should be able to get it back. If you are a minor, you do not have the ability to sign legal documents. However, I would go talk to a lawyer to see what can be done no matter what age you were.

2006-12-17 01:42:32 · answer #4 · answered by Stephanie73 6 · 0 0

Well, we can't know that unless we know what you signed but it sure sounds like you did sign it over. Why would you do that? In a worst case scenario you could have always given her additional money if she needed it after getting your inheritance. It sounds like she just wanted it all. Personally, I wouldn't obsess over it, even if it's a large amount of money, it's still not worth letting it dominate your life, but I also would have a very cold relationship with her, if any at all.

2006-12-17 01:40:35 · answer #5 · answered by The Scorpion 6 · 1 0

Was it black mail? If is than it is illegal, your age and state laws would also play a factor. Consult with a lawyer or legal aid. Go to lawyer referral and get some 15 minute free advice.

A minor would need a beneficiary appointed and if your beneficiary black mailed you than??

2006-12-17 01:53:14 · answer #6 · answered by Emily L 4 · 0 0

YOU MIGHT WANT TO CONTACT A LAWYER ABOUT THIS. GENERALLY YOU CAN GET ADVICE FOR FREE ON AN INITIAL CALL OR VISIT. THEN DECIDE IF YOU WANT TO USE A LAWYER. SOUNDS LIKE YOUR MOM HAS DONE SOMETHING SHADY TO ME.

2006-12-17 01:38:16 · answer #7 · answered by baptism_by_fire_2000 6 · 0 0

go talk to a lawyer about this. I guess my real question is, how old were you?

2006-12-17 01:36:21 · answer #8 · answered by spottedtan5 3 · 0 0

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