My wife’s grandfather lately died at a ripe previous age. He had three surviving daughters. My spouse is his solely grandchild named in his will.
There are different grandchildren. If that association appears peculiar, nicely, the whole family has a pastime of nursing grudges over slights, each actual and imagined.
More peculiarities: Upon his dying, he stipulated that the cash be cut up 3 ways: Two of the daughters — my wife’s aunts — get equal shares. My spouse and her mom would cut up a share.
Another daughter was made the executor of the will. She refuses to pay out any of the cash to the others. She waited till one of her sisters died from most cancers, then introduced she’s maintaining that share of the cash.
Since the sister that died had no heirs, I assume there’s nothing to cease her. We’re arising on a yr since the grandfather’s demise. I feel she’s waiting for her different sister (my mother-in-law) to die, too.
The cash can be good, however my spouse and I don’t want it. I do know my mother-in-law wants that cash. How can we get her sister to pay up?
I’ve heard so much of tales about individuals who do all types of dastardly deeds to snare greater than their justifiable share of an inheritance. Even Agatha Christie would have a tough time believing some of these tales. One brother stole $110,000 by altering his mother’s will. Another lady stated her grandmother and uncle destroyed her grandfather’s will. Sometimes, individuals simply take what they need and get away with it because their stunned family members do nothing.
So the place does that depart you? In a reasonably great place, truly. There is no statute of limitations on an executor who refuses to do his or her job. Dragging your ft in the hope that the beneficiaries will both die or overlook about the cash owed to them might not qualify for a compelling plot in “Death on the Nile” or “Murder on the Orient Express,” however doing nothing could be efficient, if different family members sit on their laurels too.
All beneficiaries are entitled to obtain a replica of the will and, sure, they’re entitled for the estate to undergo probate in a well timed trend. File a petition with the county courtroom to problem the executorship of it will, citing your considerations. You have good trigger. As one of your wife’s aunts died earlier than the proceeds have been distributed, her portion must be left together with her estate and be handed on beneath her will or, if there is none, state regulation. The belongings belonged to her at the second of your grandfather’s dying.
Your wife’s aunt seems to have overstepped her position as executor, and views it as a free license to do as she pleases, with none regard for her personal father’s needs. She is beholden to the legal guidelines of her state the place your wife’s grandfather died, and should present a listing of belongings. An executor should all the time fulfill his/her “fiduciary duty,” which primarily places the onus on the fiduciary to place the pursuits of different events (that is, these talked about in the will) forward of their very own.
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