Q: How can I protect my inheritance from my grandmother? There's no will.
I was left $28,000 by my grandmother who has died. She left it with a drug addict who threatens to take it every chance he gets. This happens to be her son. He is saying that the stipulation was that I have to go to medical school. I don't believe that was a stipulation. How can I make sure the money doesn't get spent? Unfortunately, it was not in a trust or anything. Voice recording?
A: If there is no will and no trust then you may not actually have any inheritance from your grandmother. If you do in fact have some claim to an inheritence as an heir of your grandmother's, then you could intervene in the probate court case for administration of the estate. You should consult with an experienced probate attorney to determine your options.
Is there a Will and was a probate matter opened? if not, is there anything in writing from your grandmother or even your father stating he is holding $28,000 for your benefit. If there is a probate matter you can intervene. If there is no Will or Probate matter open then your options may be of greater complexity and if there is nothing in writing to prove the inheritance, then there may not be much you can do.
Are you 18 or older? if you are a minor, then your mother or guardian needs to act on your behalf.
First, check with the Probate Court for the County your grandmother was resident at the time of her death to see if an estate was ever opened. If there was, see if there was a Will and get a copy of it if there was one. If it makes a specific gift to you, then you can Petition the Court to require the funds be put in a trust account for your benefit and it be released to you when you meet the obligations dictated by the Will. If there are no restrictions and you are over 18 ask for the money.
If you are not over 18, then your legal guardian or mother needs to represent your interest.
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