Legal Question in Wills and Trusts in California

Mother is Denying Daughter Her Part of Grandmother's Will

My Grandmother passed away a year ago. My mother, who's extremely inept at handling money (has been bankrupt before), was excited to learn the next day that the estate was worth over 1 million dollars.

Upon my father's advice, I took a look at the will when no one was looking. It said that all of my education was to be provided for. My mother has still not given me any money for my education. I'm about to graduate from college, have school loans collecting interest and I'm applying for graduate school at MIT. When asked about money, she said she would give me a small amount for now, but only if I provide her with my bank, credit card statements, grades, etc. She also asked how long I could defer my loans.

Finally, she is spending the money like crazy- in one year she's taken her family on a number of cruises, bought a ton of real pearl necklaces and it completely redoing the entire house with huge additions, etc. I'm sure she'll go bankrupt again soon...

Your advice? Thanks so much!


Asked on 5/04/04, 12:09 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Mother is Denying Daughter Her Part of Grandmother's Will

I'm not sure whether this is through a will or in probate, but the answer would depend on knowing this. You should have a lawyer review the will and any documents that may help explain (ownership papers for your grandmother's assets, the trust, if there is one. You can take steps to protect your gift, but the steps taken require more knowledge of the facts.

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Answered on 5/04/04, 1:33 am
Michael Olden Law Offices of Michael A. Olden

Re: Mother is Denying Daughter Her Part of Grandmother's Will

Your mother is trying to screw you. Stand up for your rights. The Will should've been probated any she didn't she could be held in contempt of court. Even though she's your mother she should not be allowed to take advantage of you, especially when there's more than enough money to deal with this. She is reached fiduciary duties to you what I am, as an attorney and the person, very very mad at. Do something about it now, see an attorney who he is specialized in probate.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 5/04/04, 2:37 pm


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