Can my auntie have full control over my inheritance that my mother left to me in her will before she died?

Question

My mother died on May 9th.2006. She had left an inheritance for me & my son. My auntie told me that she had power of attorney over my inheritance. She said that I can't get my inheritance because it was set aside to purchase a house for my son & I. I still have no house. Now she said (16 months later) that I can't have my money because she felt that I would spend the money foolishly. I did recieve 60,000. in seperatate installments throughout the 16 months since my mom past away. I don't even know how much my mom left me but I heard it was 60% to me since I was her only child, 30% to my son & 10% to my aunt who has control of the money. I was not present for the reading of the will. In fact I'm not allowed to know anything besides what she tells me. I never seen any paperwork or reciepts. My aunt also said that if I even think about going legal with this matter & try to challenge her that I would be cut out of the will completely & get nothing. She said my mom wanted it this way.

I am 33 years old. I am an only child & a mother of one.My mother & I were very close.I think my aunt is trustee of the inheritance but I 'm kept in the dark about alot of things & when I try to ask about the inheritance or why I have'nt gotten what my mother left me she gets angry & threatens that if I question her or seek legal help & try to challenge her, I will get nothing. I admit I am intimidated by my aunt & have been ever since I can remember. Even my mother was intimidated by her. Its been 16 months since my mom passed away. I just lost my apartment & they have money of mine that they won't give me. They say I'm not responsible enough to recieve all that money. I did get a total of $60,000 in little chunks here & there but I'm told that was not even a 5th. of what I'm supposed to get. All I heard was that 60% was to go to me, 30% to my son & 10% to my aunt who is trustee.They use the money to control me. They want me to move to Indiana tomarrow. They're very religious people.

I am 33 years old. I am an only child & a mother of one.My mother & I were very close.I think my aunt is trustee of the inheritance but I 'm kept in the dark about alot of things & when I try to ask about the inheritance or why I have'nt gotten what my mother left me she gets angry & threatens that if I question her or seek legal help & try to challenge her, I will get nothing. I admit I am intimidated by my aunt & have been ever since I can remember. Even my mother was intimidated by her. Its been 16 months since my mom passed away. I just lost my apartment & they have money of mine that they won't give me. They say I'm not responsible enough to recieve all that money. I did get a total of $60,000 in little chunks here & there but I'm told that was not even a 5th. of what I'm supposed to get. All I heard was that 60% was to go to me, 30% to my son & 10% to my aunt who is trustee.They use the money to control me. They want me to move to Indiana tomarrow. They're very religious people.

Answer 1

Your aunt cannot legally stop you from getting your inheritance. She's lying to you so you'll stay scared and she can keep your money, or at least control you with it. See an attorney NOW who specializes in Wills & Probates.

Answer 2

I don't know British law, but US law has its roots there. You have every right to see that will. There are provisions that contesting a will can lead to being cut out, but I don't know if they are enforceable. Merely seeing the will and hiring legal help to get you to see it will not harm your rights in any way. These are threats from someone who sounds very suspicious to me. A will can specify that money not be given until the beneficiary reaches a certain age, but it would have been better for your mother to have set up a trust with your aunt as Trustee. It's easier to prove legal wrongdoing by a Trustee than an executor of a will. You don't say if your aunt is the executor (or executrix). But if so, she still has to follow the law. In my state of New York, a power of attorney ends at death of the person who gave it, and the person with that power loses it. There is no such thing as power of attorney over an inheritance.

You need to hire a good attorney that specializes in estate matters.

Answer 3

First of all, did you give your aunt power of attorney. If you did not, then she doesn't have power of attorney over you. If your mother had given your aunt power of attorney - the POA ends when the person dies. Therefore, your aunt cannot have POA.

Get a lawyer, quick! The lawyer will be able to get a copy of the will, and will be able to advise you as to what can be done. I sincerely doubt that she has any authority to keep any of the money - and is counting on you being docile and not taking any action. You have every right to know what was in the will.

Answer 4

Power of attorney is only good as long as your mother was ALIVE your aunt unless she is the executor of your mothers estate has NO control! If she is the executor and your mothers will was probated(Thur the court's) Then she BY LAW has to execute the will as your mother directed. If the will was probated she has a set amount of time to complete all the task's The probate court in the county or district of where your mother lived should have a copy. Even if this will was NOT probated by law she has to follow it or she can be charged with a crime. It in some states required to be probated. Some however, do not require itYou are entitled to a copy of the will and should get one. I suggest you seek legal council. Remember the Executor and Power of attorney would have to of been granted separately by your mother.Maybe in the same document but they are two entirely different positions. The executor can take up to 15% of the total will. Please note this varys from state to state. A lot of book stores offer "will "advise which can tell you about the law.

Answer 5

With all do respect.. your Aunt is a b itch and she's full of sh it. You should find out about that Power of Attorney because it sounds a little fishy. And you do have every right to read this will since you are a part of it. Do it behind her back, as the daughter you shouldn't need any ones authorization.

Answer 6

Somehow that sounds all very fishy to me....
If you are underage your aunt might still have control over "your" money, but you still should be allowed to know exactly how much you will eventually get one of these days.
I would spend the money and consult a lawyer just to find out what's going on and at least to see exactly how much inheritance you will be getting one day.

Answer 7

I'd talk to a lawyer. She cannot cut you out of the will unless it says so and you have a right to see the will in the very least. From the sounds of it your aunt is wanting your mother's money very badly and is probably spending it in that foolish manner she said you would.

I highly doubt your mom would want you cut out of her will. Especially if she gave you most of the money.

Answer 8

I would suggest you get a lawyer. If you are in the will, you have rights to know what is in the will. You should even receive a copy of it. Trust me, she can't change the will to her own needs. Get a lawyer. She's full of it. She wants the money for herself.

You can consult with a lawyer before the lawyer does anything, without your aunt knowing.

Answer 9

I would find out the attorneys name and contact them for a copy of the paper work. It is possible that she might have power of attorney but only for well most people until they reach a certain age or something. But I would look for the paper work.
Good Luck.

Answer 10

If there is no will, then you would be the sole heir.

Since there is a will, then as an heir you have the right to see the will.
I presume that if you are an adult you should be getting your share immediately, there is no need for a gardian.

Something sounds fishy here, you need to see the will.

Good Luck