Legal Question in Wills and Trusts in Massachusetts

Mother stole all money left to me when my grandmother passed

My grandmother passed away 11/1/06 and she left me herr retirement money in the will.The will states that the money was to go to me if she passed, but I could not receive the money until my 25th b-day,unless for my health/education. My mother spent all of the money. She was supposed to hold that money until I turn 25, and it clearly states in the will that money could only be used for MY health or education if taken out . What can I do to get that money back?


Asked on 7/10/07, 8:38 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Mother stole all money left to me when my grandmother passed

Your question poses many additional questions. The very short answer is that you need to speak to a probate attorney, and provide copies of whatever documents you have.

As far as recovering money, there are practical and legal considerations which bear on the matter.

A couple of potential issues: retirement accounts typically have a beneficiary designation, which would trump the will, barring any other specific arrangements with the designated beneficiary of the retirement account.

Secondly, when the executor or executrix is appointed to administer the terms of the will, the court usually requires a bond, which can be just the executrix' promise, in some cases. So unless the executrix has money, it's not clear how one would recover. The executrix will be required to account for her actions, in any event.

Again, you should contact an attorney to find out what your options are in your particular circumstances.

Read more
Answered on 7/10/07, 9:35 pm
Alexandra Golden Golden Law Center

Re: Mother stole all money left to me when my grandmother passed

When you say "retirement money," are you referring to money in the bank, stocks, etc., or are you referring to IRA or 401k accounts? The answer to that question will control what your rights may be.

You need to sit down with a probate attorney to review your options. Unfortunately, you may need to sue your mother if she refuses to do the right thing.

Good luck.

Read more
Answered on 7/10/07, 9:43 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts