Legal Question in Wills and Trusts in Missouri
My aunt died and left her 400,000 in stock to my mother. In her will my aunt stated I am not to get any of her money. My mother added my aunts stock to her own stock to total about 850,000. My mother died recently and left me 40% of her assets.. Am I able to inherit my 40% of all the stock
or will my aunt's stock be removed from what I am entitled to?
2 Answers from Attorneys
This is difficult to answer without reviewing your Aunt's Will, and precisely how it is worded. If the assets (stock) is held inside a trust of some sort then you may well be barred from receiving it. If, on the other hand there are no restrictions placed on your mother's inheritance it may be unenforceable. Who will be there to police this? Who is in a position to object, and would have the motivation to do so? You, or more precisely, your mother, should see a lawyer to find out. There is too much at stake here to be relying on a free bulletin board for answers.
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The above response is very good. But, assuming for the moment that the facts you have given us are true, and your mother inherited from your aunt, she owned the assets and could do whatever she wanted with them including leaving them to you in her Will. I agree that you should certainly take the time to consult with an attorney in person, and not rely upon these responses for legal advice concerning your situation. The attorney you meet with should be able to review the documents and ask enough questions to be sure to give you competent and accurate advice.
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