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 a 33 year old single mother who just lost her apartment. My aunt is very religious & says I need to go to church before she even thinks about giving me anything. I admit I am intimidated by her. Always have been ever since I can remember. I believe she even intimidated my mother.

Answer 1

Hire an attorney. The people named in the will get a copy. Who is the executor of the will? They are supposed to distribute the assets according to the will's provisions. This is very strange.

Answer 2

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 3

The first thing you do is go to the courthouse and get a copy of the will. For all you know, Auntie doesn't even have power of attorney over your inheritance. If you don't understand everything in the will, take a copy to legal aid office or an attorney who specializes in estates. A will is a matter of public record. Your aunt is flat lying to you in more ways than one.

Answer 4

WOW! I don't know about the relationship between you and your aunt, but you'll need to check into this IMMEDIATELY. First, locate the attorney your mother used to draw up the will, if you're named in it, you should be allowed to know the terms under which you were named. It's possible your aunt was given power of attorney, but you may not know this for sure, since she's completely keeping you in the dark about the matter. I'm not fully read up on the legality of this issue but, it doesn't seem she can take your inheritance from you without making herself liable, power of attorney or not. Do your homework and good luck.

Answer 5

Sounds like your mother appointed your aunt as Trustee to your entitlement under the will. If so, then yes, she has the authority to do with your money what she sees fit.

You are allowed to, however, apply to the courts to have an accounting of her actions as your trustee at any time.

Also, for her to probate the will, she would have had to submit the original will to probate court. Probate Court and all documents filed are open to the public. You can either order a copy of the will for a small fee or go down to court, request the file and read the will for yourself.

Answer 6

Go see a lawyer at once, shes not doing right, you don't believe someone just because they say so when it comes to money, a will must be probated in court, it is available there for public viewing go to the courthouse in your mothers county and ask to see it.
And do it before you aunt drains the accounts and steals it from you.

Answer 7

If she was left as executor of the will, she can deligate exactly what the will says. Nothing more nothing less. You can spend the money on what ever you like. I think she spent it, you need to see an attorney and fast before it is all gone. GO TODAY. She can not take your portion of the inheritance, that is called stealing, as it does belong to you.

Answer 8

Wow, you need to talk to a lawyer pronto and find out what's up. If your mom left you money then your mom left you money. Your aunt should only be an executor of the funds if you are a minor. Talk to a lawyer (in secrecy) and see what they tell you. Her threat about "going legal" sounds like she is concerned that you will do just that.

Answer 9

Uh..a will is a legal public record and document. Start by getting a copy of it from the probate court; Probate is usually required to be closed within a year of death. Take it to a good atty, I doubt she can "CUT you out" at this point; you need to review the probate account or your atty does; the final settlement is also a public record.

Answer 10

I think your auntie is very greedy. You can go to the lawyer and tell him everything you said here and get advice about what to do. I don't believe for a second that your mom really wanted it this way. Check with him to see what's up.