Legal Question in Wills and Trusts in Pennsylvania

My Grandmother died about 15 years ago and left $19,000 each to me and my 3 siblings. My Mom is the executor of the will. She has not given us our money and recently claimed that one of her friends stole it. What can I do?


Asked on 12/05/11, 11:41 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Unless you and your siblings were minors when your grandmother died and only recently reached the age of majority, the time is long past for making a claim. If you only recently reached majority and your mother didn't properly administer the estate, you can make a claim against her. However, if she doesn't have the money and has no assets to collect against, making the claim won't get you very far. Also, you have to consider how any of this will affect your relationship with your mother. Consult a local estates lawyer to review your options.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/05/11, 12:47 pm

I concur. You need to see a probate attorney and allow him or her to review what was done. I have a question as to how your grandmother left this money. Was it in a trust? How could your mother have been given this sum of money without posting a bond or creating a special account? How is it that someone was allegedly able to steal it? Your post leaves out a lot of important details so that is why an attorney needs to review your grandmother's will or trust, if any, and the laws in effect at the time of your grandmother's death to see what should have happened with the money and what actually happened with it.

Every state has laws governing infancy which toll the statute of limitations while a child is under age 18. The attorney will also have to review these laws and the date on which you turned 18 to see if any action can be taken against your mother. However, if somebody else "stole" the money, then your mother would not necessarily be liable. But that brings me back to the question of how it was possible for someone else to steal the funds and why your mother made no claim against this person.

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Answered on 12/05/11, 11:34 pm


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