Law help: so my grandma passed few months ago, my aunt took all the inherits..

leonard109

leonard109

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any law students or lawyer here can help me out?
my grandma passed a few months ago, left NO wills.

my dad has 4 siblings: 1 brother, and 3 other sisters (only one of them is married)
so basically one of my unmarried aunts took all the money my grandma left, and divided it herself
she gave my uncle who she was close to a very large sum, and she took the rest of it.. and left my dad nothing.

is there anything we can do? any legal actions we can take?
ugly story i know.. we really dont care much about the money.. but this aunt really did us dirty.
and we had no idea about this until today (like 4,5 months already)
 
any law students or lawyer here can help me out?
my grandma passed a few months ago, left NO wills.

my dad has 4 siblings: 1 brother, and 3 other sisters (only one of them is married)
so basically one of my unmarried aunts took all the money my grandma left, and divided it herself
she gave my uncle who she was close to a very large sum, and she took the rest of it.. and left my dad nothing.

is there anything we can do? any legal actions we can take?
ugly story i know.. we really dont care much about the money.. but this aunt really did us dirty.
and we had no idea about this until today (like 4,5 months already)
 
Suing her is the best option since there was no will which is pretty stupid because it creates situations such as this one.

How much money are we talking and does your dad need the money like that? If she's as much of a @#@@* as you claim, then go ahead with the lawsuit.
 
Suing her is the best option since there was no will which is pretty stupid because it creates situations such as this one.

How much money are we talking and does your dad need the money like that? If she's as much of a @#@@* as you claim, then go ahead with the lawsuit.
 
its been a few months so no point really. she probably spent out the lions share of the inheritance so theres no real way to divvy back up the money unless she got back the money by putting in her own for an equal amount and then the same goes for anyone else who took and spent money.

try to settle it as a family before you go to court. good holesome families end up not speaking to eachother over money and trivilial issues

you could also just dead HER. like if the family is over, mingle with anyone except her. over even talk to her and bring up this same exact situation as a hypothetical. she'll get the message.
 
its been a few months so no point really. she probably spent out the lions share of the inheritance so theres no real way to divvy back up the money unless she got back the money by putting in her own for an equal amount and then the same goes for anyone else who took and spent money.

try to settle it as a family before you go to court. good holesome families end up not speaking to eachother over money and trivilial issues

you could also just dead HER. like if the family is over, mingle with anyone except her. over even talk to her and bring up this same exact situation as a hypothetical. she'll get the message.
 
Sounds like she tried to do it quickly before anyone noticed. I think you should get a lawyer involved and make the aunts life a living hell.. I hate selfish people
 
Originally Posted by leonard109

any law students or lawyer here can help me out?
my grandma passed a few months ago, left NO wills.

my dad has 4 siblings: 1 brother, and 3 other sisters (only one of them is married)
so basically one of my unmarried aunts took all the money my grandma left, and divided it herself
she gave my uncle who she was close to a very large sum, and she took the rest of it.. and left my dad nothing.

is there anything we can do? any legal actions we can take?
ugly story i know.. we really dont care much about the money.. but this aunt really did us dirty.
and we had no idea about this until today (like 4,5 months already)
Click to expand...
This is exactly why people should make wills.  Frankly, it's lazy and selfish for people to leave behind their estate (no matter how small) and expect it to be split evenly without conflict.

From my experience (and non-legal background) your family has 2 options.  #1 is to let her take all the money herself and spend herself into bankruptcy and unhappiness or #2, hire a lawyer and try to have the assets split evenly.  I doubt the second option will do much good though since there's no paper trail of your grandma's wishes and your aunt can always try to spend the money before you ever see a dime.

I'm sorry you're going through this now.  This is exactly why I'm making a rough draft of my intentions should I die so my wife doesn't have to worry about anything in the middle of her grief.
 
Originally Posted by leonard109

any law students or lawyer here can help me out?
my grandma passed a few months ago, left NO wills.

my dad has 4 siblings: 1 brother, and 3 other sisters (only one of them is married)
so basically one of my unmarried aunts took all the money my grandma left, and divided it herself
she gave my uncle who she was close to a very large sum, and she took the rest of it.. and left my dad nothing.

is there anything we can do? any legal actions we can take?
ugly story i know.. we really dont care much about the money.. but this aunt really did us dirty.
and we had no idea about this until today (like 4,5 months already)
Click to expand...
This is exactly why people should make wills.  Frankly, it's lazy and selfish for people to leave behind their estate (no matter how small) and expect it to be split evenly without conflict.

From my experience (and non-legal background) your family has 2 options.  #1 is to let her take all the money herself and spend herself into bankruptcy and unhappiness or #2, hire a lawyer and try to have the assets split evenly.  I doubt the second option will do much good though since there's no paper trail of your grandma's wishes and your aunt can always try to spend the money before you ever see a dime.

I'm sorry you're going through this now.  This is exactly why I'm making a rough draft of my intentions should I die so my wife doesn't have to worry about anything in the middle of her grief.
 
Sounds like she tried to do it quickly before anyone noticed. I think you should get a lawyer involved and make the aunts life a living hell.. I hate selfish people
 
StaXX wrote:
Russ what happened to your old name? 


I got tired of it. I had a name before that one, too, but I got tired of that one, too. Rubirosa is a pop culture character with the same birthday as me who I read a biography about and found his life something to aspire towards... In some regards.
Click to expand...
 
StaXX wrote:
Russ what happened to your old name? 


I got tired of it. I had a name before that one, too, but I got tired of that one, too. Rubirosa is a pop culture character with the same birthday as me who I read a biography about and found his life something to aspire towards... In some regards.
Click to expand...
 
It depends on the law in the state that you live in.  I can't speak for that, but I'm an attorney here in Louisiana, and all 5 children would split the money evenly.  Any amount that your aunt took, including the money given to the uncle, that is over the 1/5 that they should have received, would have to be returned to estate to be given to your dad and the other siblings.  Hire an attorney and this should be easy to take care of.
 
Originally Posted by Furrell

Suing her is the best option since there was no will which is pretty stupid because it creates situations such as this one.

How much money are we talking and does your dad need the money like that? If she's as much of a @#@@* as you claim, then go ahead with the lawsuit.
Click to expand...
First off, you should go talk to a lawyer and not be asking NT for advice on this.  There are actual lawyers and law students on here (HovKid and a couple of other dudes have been attorneys for years) but no one is going to be able to/allowed to give you any real legal advice.  So again realize that you shouldn't and can't use any advice you get on here until you go find another lawyer and consult with them.  You can ask for an informational meeting where you just explain your situation to an attorney and they'll let you know if there's anything they/you can do and it won't cost you anything.

Furthermore in response to Furrell's statement, the mother dying without a will does cause sticky situations, but not ones like this.  In most states if she didn't will away any of her property then it gets divided up intestate -- amongst all her living heirs.
 
Originally Posted by Furrell

Suing her is the best option since there was no will which is pretty stupid because it creates situations such as this one.

How much money are we talking and does your dad need the money like that? If she's as much of a @#@@* as you claim, then go ahead with the lawsuit.
Click to expand...
First off, you should go talk to a lawyer and not be asking NT for advice on this.  There are actual lawyers and law students on here (HovKid and a couple of other dudes have been attorneys for years) but no one is going to be able to/allowed to give you any real legal advice.  So again realize that you shouldn't and can't use any advice you get on here until you go find another lawyer and consult with them.  You can ask for an informational meeting where you just explain your situation to an attorney and they'll let you know if there's anything they/you can do and it won't cost you anything.

Furthermore in response to Furrell's statement, the mother dying without a will does cause sticky situations, but not ones like this.  In most states if she didn't will away any of her property then it gets divided up intestate -- amongst all her living heirs.
 
It depends on the law in the state that you live in.  I can't speak for that, but I'm an attorney here in Louisiana, and all 5 children would split the money evenly.  Any amount that your aunt took, including the money given to the uncle, that is over the 1/5 that they should have received, would have to be returned to estate to be given to your dad and the other siblings.  Hire an attorney and this should be easy to take care of.
 
thanks for all the advice guys.
reason I'm not going directly to a lawyer, is afterall, she's still family. Lawyer would be last resort, but I just really wanted to see what the options were.
I don't live in the states, but it seems generally the rule seems to be the same all over the world (passing away without a will- without a spouse, children should get even amount of inheritance)
 
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