how can I make sure my son receives the inheritance he is due?

Question

My son inherited 10k from his grandfather. The executor of the will is refusing to give him is money since he refused to move out of state with her. She is 47. She also spent a life insurance policy that was left to me without my permission. She is threatening to take us to court and petition for the money to go to her unless we give her 25%. What can I do?

Brian Haggerty · Answer

By all means get a lawyer and bring her actions to the attention of the probate court.

Dera Johnsen-Tracy · Answer

Any interested person can petition the court to probate an estate.  If your son is a beneficiary named within his grandfather's will, then he is an interested person.  Provided the will is valid, the court will generally follow the terms of the will.  Therefore, if there is a specific distribution of $10,000 to your son within his grandfather's will, then the court can order the personal representative of the estate (i.e., the "executor") to make this distribution regardless of her wishes.  If there is already a pending probate proceeding, then your son can request a hearing and ask the judge to order the personal representative to make this distribution.  Regarding life insurance, the insurance company will generally only release the death proceeds to the person who was named as the beneficiary of the policy.  If you were not named as a direct beneficiary, then you likely have no legal right to the life insurance proceeds.

Tres Porter · Answer

You should consult legal counsel as soon as possible.  It is likely you will need to file a petition for probate of the estate.  Generally life insurance policies are not part of an estate and are not "left" to anyone.  They are paid to the beneficiary as stated in the policy.  If that was you and she somehow got the money, it likely should be treated as a theft.

Charles Perry · Answer

You will likely need to engage a lawyer to protect the interests of   your son, to recover the proceeds of the life insurance policy, to   defend whatever petition the executor may file, and to otherwise   enforce your interests in the estate.  It may be that a letter from you to the executor will be sufficient to   force the inheritance and recover the proceeds of the insurance   policy.  Given what you have written, however, I do not believe that is likely to succeed. From what you have written, I see no basis for the executor to demand   25% of anything. To obtain the inheritance for your son if letters to the executor are   insufficient, you will need to petition the probate court for an order of distribution. There may be other relief you can seek. In the most serious of circumstances, that relief may include the removal of the  executor of the estate. I strongly urge you to consult a probate lawyer to more fully examine your rights and remedies.

Richard Keyes · Answer

Since the executor is refusing to close out the estate, you need to hire an attorney to make her close out the estate for your son to get his inheritance.  I am not sure about your life insurance.  If the policy was left to you (I.e. you were the named beneficiary) the check should have been written to you.  The executor should not have the check at all.  If by the will the check went into the probate estate and then is suppose to go to you, then again you have to hire an attorney to force her to make the payment to you.  In regard to her threatening to take you to court and petition for the money, ask yourself what right she would have to do this.  If you and/or your son is entitled to the money, she just has an empty threat.

Jeremy Atwood · Answer

You would have to take it to court. It sounds like she is violating her fiduciary duty and is trying to take money she is not entitled to.

John Brennan · Answer

You need an attorney, and fast.  She is a fiduciary and cannot take funds which were left to others.  However, and practically, if you do not move quickly it is doubtful you will ever see the money due you or your son.  I suspect that after she spends it, it will be impossible to collect the obligation from her even with a Court's judgment.  MOVE NOW.

Robert Slotkin · Answer

That's outrageous! Does she have a lawyer?  If she does, you need to call and tell him what is going on.  If she is acting without a lawyer, you  need to get a lawyer and file a petition to have her removed as p.r. ASAP and force her to file an accounting. Life Insurance companies will not deal  with a p.r. unless the estate is the beneficiary of the policy. They must  give the funds to the beneficiary. How did she manage to get at the  funds? Something isn't adding up. I will be happy to talk to you.

James Frederick · Answer

Based on the limited facts in your summary, it is not clear to me how the executor would have ANY right to your insurance money. If YOU were the beneficiary of the policy, then it should have been paid to you. If the ESTATE was the beneficiary but then the WILL said the insurance should be paid to you, then that would explain some of this.  It is unclear what basis the PR has for claiming any of this. Is she saying that she is due a PR fee and there are no other assets to pay her? If so, then she may be correct.  More facts are needed. If the PR had no leg to stand on, your recourse would be for YOU to take this to the court. The fact that SHE is seeking this suggests to me that she believes that she has the legal right to it. That would only be true if she paid administrative expenses and is seeking reimbursement, or if she was due a fee. These items *would* take precedence over the claims of beneficiaries.

Michael Stafford · Answer

You should immediately seek the advice of an attorney with regard to your rights and remedies.

Gerald Bagazinski · Answer

You need to hire an attorney to petition the probate court and seek an accounting and a protective order.  If you have any questions, please contact me.

Edward Armstrong · Answer

You might consider filing an action against her for violation of her fiduciary duties as the personal representative.  The court could surcharge her and require her to make the estate "whole."  I certainly wouldn't let this slip by you.

Leonard Schwartz · Answer

I would force her to take the issue to Court. If you can prove that he inherited the money the court will order that it be turned over to him. They may also deal with the life insurance but if it was specifically to go to you in your name there is no way she can take the money without forging your name which is a criminal offense.

Thomas Edward Gates · Answer

Retain an attorney to have her removed as the Executor.  Report theft to police and the court.

Austin Hirschhorn · Answer

The first step is to hire a lawyer to represent you.  If your son was left money in his grandfathers will and the executor is not paying the bequest the lawyer would file a motion with the court to compel payment or have the executor removed.  If she has used the money from an insurance policy that designated you as the beneficiary for herself she has committed a crime and a criminal complaint should be made.  Someone should also act that the executor be required to post a bond to make sure that she distributes the estate according to the directions in the will.

Dara J. Goldsmith · Answer

It sounds as if you should consult with an attorney to review what has been done. The court record should be consulted to determine if the Executrix is acting in accordance with the Will.  With regard to the life insurance proceeds, these would have been paid to the named beneficiary.  What the named beneficiary the Estate or another.  Again I suggest that you seek counsel.

Jayne Sebby · Answer

Petition the Probate Court to remove her as executor of the will and put an independent party in the position.  If your son is still a minor, a trust may need to be established to safeguard his inheritance until he is of age or competent to handle the funds himself.

Kelly Bagla · Answer

You need to obtain an estate planning attorney to represent you in court.

James Weiner · Answer

Tell her to go to court AND petition the Court to remove her as Executor of the Will She is abusing her powers..

Frances Headley · Answer

You need to have all of the documents and related facts reviewed by a probate attorney to determine how best to proceed when you have an executor that has failed to uphold their fiduciary duty to the beneficiaries.

Victor Waid · Answer

Get yourself a good probate litigation lawyer/attorney; make sure the lawyer has litigation experience, and the relevant Probate code section is 850. Don't delay. The lawyer can sue the executor and may also obtain punitive damages against the executor in addition to recovery of the moneys due you and your son. Time is of the essence. If you don't know how to obtain a probate litigation lawyer, call your local county lawyer bar association for a referral to their lawyers referral service, and ask specifically for a litigation lawyer and don't let them refer you to anyone else; otherwise look on the internet. The litigation lawyer may take your case on a percentage basis.   Hope this helps.

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