My mother passed away in October and left $50,000.00.to me.My sister is executrix of the will.?

Question

My mother left very spacific instructions that the money was to be put into a spend thrift trust for me in case I needed it.She did not trust my husband when it came to money for fear he would waste it.
Right now we are in a big financial disaster due to a foot injury my husband has.My question is,is there any thing we can do to get this money or a portion of it?I`ve tried talking to my sister and she refuses to let me have a penny.Can I contact a lawyer?Do I have a case.I don`t want to do this,I feel like I`m disgracing my mothers memory and disgracing my family.At the same time,I have 3 kids and we just baught a house.I`m really being put in a very bad position here,but I feel like I`m being backed into a corner and being forced to take drastic meaures.Any advise would be helpful.Legal advice?Is this morally the right thing to do?Also my husband needs surgery and in alot of pain.He has to work under these conditions,on his feet 10 hours.$$ is needed for surgery to be possible.

Answer 1

This is not easy. Technically you can spend the money as you see fit. YOu would only give away 10-20% to a lawyer trying to fight it, a terrible waste of money.

It is not hard to see from your sister's angle (who I assume has no intention of cheating your money) that it is exactly these accidents that your mother's life time savings is squandered. $50k is not a lot of money by today's standard and probably took your mother a long time to save it. Somewhere in your sister's mind, you married someone who couldn't take care of you but would end up living off of you. She is protecting you in the sense that if your husband somehow divorces you later, there is no way to recover that money spent on him.

It is also an alarm bell that you and your husband stretched yourselves to the limit and could not withstand small shocks in life. You are living beyond your means. There will be more events like this that will put you in huge debts.

You could ask your husband to sign a promisory note to borrow the minimum money from that account and must pay it back.

Answer 2

If you have a really good relationship with your husband then maybe you can get a loan for this operation and then he can pay it back when he gets well enough.(get him to sign a contract to pay it back) But I would definantly Respect Your Mother's Wishes!!!!! Trust Your Mother's Instincts!!!! If your husband was in that much pain there is no way he could pull off a 10 hour shift. Think about it.

Answer 3

i became into 11 whilst my mom became into taken from me and that i'm plenty older then you certainly and nevertheless i'm getting unhappy each 365 days around that factor (it incredibly is been 27 yrs for me) and that i've got been to counsellors and such besides the fact that it by way of no means is going away. i think of you will continually sense this way. over the years it would not harm as plenty yet you nevertheless sense it. via the way i'm sorry to pay attention approximately your loss. stable success and undergo in ideas the stable cases together with her it helps slightly.

Answer 4

The correct LEGAL answer depends on several facts.

First, has your sister filed the will to the Probate Court?

Second, HOW did your mother leave these "Instructions"? Were they part of the will or separate?

And last, in what state did your mother die?

Answer 5

This is why you are not in charge of the money. There will always be a need for more money and if left up to you, you will spend it all in a hurry. I hope your sister doesn't let you have it until you are a mature woman and can see a better use for this hard earned money.

Answer 6

Write a letter to your sister. Be concise and to the point. Explain your situation, give her a reason to agree to some terms which will ensure your mothers wishes are met.

Answer 7

I would respect your mother's wishes and contact the business office of the hospital. They have tons of ways to help you financially with any hospital expenses.