My mother and Uncle were both appointed executors of my late great aunt's will. All three of us, and two others, have been left a small sum of money, which we apparently cannot receive without all of us signing a disclaimer. None of the others need this money, however, I do as I need to pay off debts. My mother and I have fallen out recently and she has a cheque and a document for me to sign in order to have the money, however she is refusing to meet with me to hand it over, and it needs to be done from executor to beneficiary by hand and signed for in executor presence. Is she allowed to withhold it in this way?
2007-09-30 23:21:14 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
no she is not
she can only hold it if there is an internal dispute, or a dispute among the family which warrents her keeping it back from you
she has no reason and is holding it to be spiteful. get a lawyer to send her a letter that should spring her into action, if not then take it further shes got no right to withold this money from you
2007-09-30 23:25:25 · answer #1 · answered by spongebobs biggest fan 5 · 0⤊ 2⤋
If it's not in the will, it doesn't exist. It may be a good idea for your friend to ask the executor to put the $10,000 into a trust account for the benefit of the child for education or until the child is 25 or 30 years old. I. personally, would not ever give that much money to anyone under 25, unless it was for college costs that I paid directly to the college. That way the executor doesn't have to deal with the money and the child's "inheritance" is protected.
2016-05-17 23:21:42 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Not one time did you get a correct answer. And the reason why does NOT depend upon where you live or where the will is being probated as the U.S. and UK have both included povisions in Probate law to handle the matter.
And so the real question that needs to be answered is "WHAT exactly is this "disclaimer" you are asked to sign ".
when you answer that question then you may receive a correct answer.
By the way, if as I suspect, it's a waiver of further claim against the estate and a release of fiscal responsibility, then it's PERFECTLY legal in both countries.
2007-10-01 01:24:27 · answer #3 · answered by hexeliebe 6 · 0⤊ 1⤋
what are the consequences for the executor for withholding my inheritance for 5 years
2015-04-04 04:59:53 · answer #4 · answered by ? 1 · 0⤊ 0⤋
No, absolutely not and if she persistently refuses to execute the will, she is committing a criminal offence.
{edit} hexeliebe - if you read the question the point is not that the executor wants a disclaimer signed, the issue is that the executor is refusing to meet with the heir.
If an executor is refusing to meet, and is refusing to execute the terms of the will, that is illegal. It is not even *just* a civil offence, it is a criminal offence.
2007-09-30 23:27:03 · answer #5 · answered by Vinni and beer 7 · 0⤊ 1⤋
it is not legal to do this.. you can get a form from probate or seek advice from a solicitor... if you are entitled to anything then you will legally be allowed to receive a cheque in your name..
I have heard of so many people whom become greedy during inheritance... money that is left for a person should go to them.. If there is a will it should be clear on the will but if you are not named on the will then there is a possibility you have no right to money.....
2007-09-30 23:25:20 · answer #6 · answered by confused 6 · 0⤊ 1⤋
Typically, in America, if the executor of a will is not complying with the terms of the will, the probate court may be pettitioned for the immediate release of your inheritance. I am not sure of the laws elsewhere. For the legal standing in your area, and what recourse you may have; check with the legal establishment that has jurisdiction over the will.
2007-09-30 23:50:44 · answer #7 · answered by John Silver 6 · 0⤊ 2⤋
No - if the money is there and you are in the will she is acting illegally. Either get your uncle to do it or see a solicitor - if it is not too expensive - or at least go to the CAB
2007-09-30 23:28:17 · answer #8 · answered by D B 6 · 0⤊ 1⤋
Hi,think you should go to citizens advice has executor your mother & uncle sorry to say I think they have total control.You need legal advice & citizens advice will help you get it.Good Luck
2007-09-30 23:25:43 · answer #9 · answered by Ollie 7 · 0⤊ 1⤋
No.
Why not try and ask the other executor to get a new cheque and form?
2007-09-30 23:24:22 · answer #10 · answered by PollyPocket 4 · 0⤊ 1⤋