Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mother was in the military and passed away and left me…

Customer Question
my mother was in the...
my mother was in the military and passed away and left me her estate and my aunt who is the trusty on the account refuses to let me use the money or even tell me home much is in it i am also enlisted currently and have little or no money and idk what to do
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
2/14/2016
Estate Lawyer: Richard, Attorney replied 2 years ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,213
Experience: 29 years of experience practicing law, including tax and estate planning.
Verified

Good afternoon. My name is ***** ***** I look forward to helping you.

Can you provide me just a bit more information? In what state are you located? And, do you know whether your mother left the estate in a trust for you? Or, was it left to you directly with your aunt being the executor of the estate? Thanks.

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
it was all left to me as far as i know my mother lived in wisconsin and i was in montana at the time and am currently in north caroline at camp johnson my aunt is the trusty on the account
Estate Lawyer: Richard, Attorney replied 2 years ago

Thank you! You absolutely have rights here. Your aunt is abusing her role as executor! The estate and its assets are not your aunt's personal piggy bank simply because she's the executor. As executor, she has a fiduciary duty to you as the beneficiary. As beneficiary, you are entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If your aunt fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against your aunt. In your situation, I would put your aunt on written notice by certified letter of the foregoing and let her know if she does not satisfy his fiduciary duty to you as the beneficiary in the administration of the estate, including keeping you informed of the progress, you will be filing the petition with the court to have her removed and be asking the court to order an audit of the estate.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Richard Your Own Question
Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 57,213
57,213 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Looking to see if i may have a case against my aunt whom
looking to see if i may have a case against my aunt whom is/was my grandmothers trust over her estate and sole heir … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My grandmother passed away. she left a will. my aunt is
my grandmother passed away. she left a will. my aunt is personal representative. she has not notified any of us or done anything to execute the will. she had my grandmother (who has dementia) sign her… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,344 satisfied customers
My mother passed away in 1994. Her father and grandmother
My mother passed away in 1994. Her father and grandmother passed away in 1999 and her mother passed away in 2007 with no wills. My aunt took everything and I was left with nothing. My grandparents and… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My blood grandfather was also my adopted father, he died on
My blood grandfather was also my adopted father, he died on 10-29-16. He lived with his step daughter upon their mother ( my adopted mothers) passing. We lived an hour away but visited often. My grand… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
I have a probable question. My aunt died three years ago and
I have a probable question. My aunt died three years ago and my mother was her power of attorney. My mother was on a joint bank accounts with my aunt who had some stocks, life insurance etc. My mother… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
My grandfather owned a home. He died without a will. My
My grandfather owned a home. He died without a will. My mothers siblings then signed a waiver of personal representatives bond form. My aunt worked with the court on the estate. My aunt then died befo… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My Aunt passed away and left her estate to my father with the
My Aunt passed away and left her estate to my father with the lawyer who wrote her will as the administrator and 2 other people as executors. From the time of my aunts passing the lawyer as refused to… read more
socrateaser
socrateaser
1,031 satisfied customers
My "mother" passed away in January. She was my Aunt but legally
My "mother" passed away in January. She was my Aunt but legally adopted me in 1996 for purposes of passing on her estate. I am named as sole beneficiary in her will. The person whom she designated as … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My Aunt passed away in the fall of 2011. She has no children
My Aunt passed away in the fall of 2011. She has no children of her own and her husband at the time had no family. My mother (died in Jan. 1971) was her only sister, she has 2 brothers that proceeded … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,867 satisfied customers
My mother passed away in November with only $2400 in her checking
My mother passed away in November with only $2400 in her checking account and has medical bills that exceed this. How should these be handled? Additionally, my aunt/grandfather took it upon themselve … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
my mothers will has cleared probate and heirs are 50.50 to
my mothers will has cleared probate and heirs are 50.50 to me and my sister only.my aunt refuses to give me share of funds rec'd thru my mothers retirement fund that she has rec'd until mothers house … read more
socrateaser
socrateaser
1,031 satisfied customers
GRANDFATHER DIED AND LEFT ESTATE SPLIT THREE WAYS. MOM AND
GRANDFATHER DIED AND LEFT ESTATE SPLIT THREE WAYS. MOM AND BROTHER AND I. MONEY WAS TO BE DOLED OUT IN ENCRIMENTS. MOM TOOK $ 20,000.00 CAR AND GAVE AUNT $ 25,000.00 TRUCK. WOULD ALL OF US HAVE TO AGR… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My mon passed away last week without a will. My father passed
My mon passed away last week without a will. My father passed away November 2009 also. There are 3 siblings and we all get along well. Mom;s request was that we split everything into thirds. We are se… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My aunt passed away and according to my mother my aunt said
My aunt passed away and according to my mother my aunt said that she took out a $25,000 life insurance policy with my mother being the only benefecier. ALSO, my aunt was making out a hand written list… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,183 satisfied customers
I have become an heir to an estate from my Aunt. I am one of
I have become an heir to an estate from my Aunt. I am one of 8. She was deemed incompetent and the court apt. an attorney. Another Aunt had passed away and left her estate to this aunt. There have bee… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,145 satisfied customers
I have an aunt who passed away last year in August at the age
I have an aunt who passed away last year in August at the age of 87. Her husband of 42 years passed away a month later. This was her husband's second marriage and my aunt's first. His first wife was c… read more
Lawgirl
Lawgirl
Founder
Doctoral Degree
4,606 satisfied customers
My grandmother passed away. Distrubtion of her will was to
My grandmother passed away. Distrubtion of her will was to go to her daughters. (my mother) (my aunt) If my mother passes then her half is to go to me. My mother passed last year. My aunt is the power… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,462 satisfied customers
In reference to a will if it states to the heirs of the estate
In reference to a will if it states "to the heirs of the estate" and one of the immediate heirs pass away does it then mean that the inheritance goes to the chilren or the spouse of the deceased heir … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x