Legal Question in Wills and Trusts in New Jersey
Complicated question - Help fight off the sharks please!
First a little background: I am the youngest of 5 children, no father. The other 4 children have a different father than I. I recently discovered that my mother has collected Social Security that was supposed to be used to support me over the first 18 years of my life, to the tune of approx 54,000.00. I was lucky to eat every day growing up. My mother used this money to help my 1/2 brother buy a house, and to pay for my 1/2 sister's education while I paid her 400/month rent and worked 3 jobs to pay for my own college. My 1/2 sis is 50 years old living with mom, rent free to this day. She has been talking in mom's ear for 20 years, resulting in 2 of my 1/2 bro's being disinherited for no good reason. I am next on the list. Also, I found out that 1/2 sis is to be paid 20,000.00 as ''Exec Fee''. The ''estate'' is worth about 275K. Meanwhile I am raising my kids in a slum Apt, and mom is extorting 350/mo from me now to pay back bogus ''loans'' that I completely dispute. Non payment = disinheritence.
Question: Can I recover any of this $$$, and
Can 1/2 sis collect such a fee?
1 Answer from Attorneys
Re: Complicated question - Help fight off the sharks please!
With regard to social security, I am not certain that you have a leg to stand on unless your father left a will directing that the monies be given to you or held in trust for you. Generally, social security survivor benefits pass to the surviving spouse, not the children.
If there is a will to that effect (i.e. leaving the money to you in trust), then you may have gounds to sue your mother (presuming that she is the executor) for breach of her fiduciary duties and seek to remove her as executor.
In order to answer your question more definitively, additional facts are required. For instance, is there a will at all? If so, is it currently being offered for probate?
If you require our legal assistance in this matter, please feel free to contact us. Good luck!
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