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How can my fiancé confirm if her mother is illegally witholding her inheritance from her deceased father?
My fiance lost her father when she was very young. It was revealed later on down the line that he left her a healthy sum of money in his will.
As my fiance was a child at the time, her manipulative mother was put in charge of the money for the time being.
My fiance is in her 20s now, and has yet to see a single cent of her inheritance. Only recently did she come to the realization that her mother, in addition to refusing to give her adult daughter her money, has even SPENT from it on at least one occasion, using her daughter's inheritance to purchase her brother a car.
Her mother doesn't deny this; she knows that my fiance taking legal action could result in damage to her relationship with her family. However, my fiance has just found herself in a desperate situation, and her mother has still not relinquished the inheritance that rightly belongs to her.
What I want to know is as follows: before pursuing legal action, we must know if there is any legal way for my fiance to, of her own devices, gain access to information to confirm that her mother has illegally witheld and/or spent her daughter's inheritance?
6 Answers
- babyboomer1001Lv 77 years ago
First off, this is none of your business. Inserting yourself where you do not belong makes you sound greedy. It is up to your fiancee to decide what she wants to do about it.
Wills are not registered with the state, unlike trusts, so if her mother will not show her the Will, she has no way of finding out. Also, Wills are usually written allowing the Trustee (your fiancee's mother) full control over the money until a certain age, sometimes specified as 21, 25, 30 or whatever age her father wanted her to have it. Another common clause in a Will is that the minor/per to inherit is not allowed to know how much money is in trust for her or there is no requirement that her mother tells her.
Lastly, another common - standard clause is that the money may be spent on the ongoing care of the child, including education, medical costs, etc. Did your fiancee go to college or university? Was any money given to her from her mother? If so, it may have come from the trust account.
The bottom line is that if your fiancee has not yet reached the age stipulated in her father's Will to inherit, then she has to wait until money is offered or if she knows when it is due, then she can request it. Requesting it is also common language for those who know when it is due. If some of it was spent on someone other than your fiancee, then when your fiancee does receive what is left (and hopefully, gets some sort of an accounting), she can choose to ask for getting it back or suing her.
Source(s): Certified Paralegal, with 25+ years' experience. - ?Lv 77 years ago
Once it is probated the will is public record. Go to the courthouse. A trust would be listed in the will, as would the acct it's placed in etc.
- ?Lv 77 years ago
She should talk to a certified public acountaint. One who has experiance in such. He can do a audit. Or a attorney they would know were to get the will. They are kept on record. He could tell her she don't come into the money till 21 or what ever age is wrote there. 18 is common and 21 & 25 in such. In that case that may be all he is allowed to tell her. But if wrong doing is suspected a audit can be done. They are not cheap to do. That is were you want a acountant not a attorney. Or you may need both.
- Anonymous7 years ago
Apply to the court of probate for a copy of the will.
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