Guardian holding back funds left by deceased parent
Posted 22 January 2013 - 10:24 AM
Posted 22 January 2013 - 10:38 AM
Posted 22 January 2013 - 11:18 AM
My mother and grandmother were brutally killed. After some time, I became in knowledge of her leaving money for my siblings and I. I was set to receive this money at the age of 18, but my guardian moved the age restriction to 25.
Several questions/clarifications needed here. In the second sentence, you refer to "her," but it's not clear if that's your mother or your grandmother. I assume you mean that your mother or grandmother left a will in which you and your siblings were designated as beneficiaries. What do you mean when you say you were "set to receive this money at the age of 18"? Did the will expressly say that the money was to be held in trust until you were 18? Was the estate probated, with this restriction being ordered by the court? How old were you when your mother and grandmother were killed? How did your guardian "move the age restriction to 25"?
I have asked on numerous occassions to help me in receiving money. I was told she had to go through her lawyer and judge. (Something isn't right).
Why do you think "something isn't right"? A guardian has certain freedom with respect to the assets of the ward (you are the ward), but many things cannot be done without court approval.
how can my guardian still have control over my money if 1). I do not live with her, 2). I am 21 years old, 3). I have not asked or depended on her for any financial support, and 4). I am currently engaged?
I don't think you've asked the question you intended to ask. I think what you want to know is why the guardian still has control of the money. Unfortunately, we can't possibly know the answer. Among other things, we'd need to see the deceased's will, the order establishing the guardianship, and any subsequent orders that the court may have issued. Here's what I can tell you:
1. That you are engaged is completely irrelevant to anything.
2. When a person dies and leaves assets to a minor, it is common for the court to appoint a guardian to handle the assets until the minor reaches the age of majority. You didn't mention anything about your father, and he would be the most likely person under normal circumstances. If the guardian isn't your father, then whomever the court appointed to serve as guardian is subject to the provisions of the court's order and the laws of the state where this is happening. The court's order would determine whether and under what circumstances the guardian can use the assets for the child's benefit. If the will didn't say anything to the contrary, the guardian would normally be required to turn over the assets when the child reaches the age of majority. If you are correct that the guardian requested a change that keeps the money in his/her control until you turn 25, then there must have some reason to justify that. Obviously, we have no way of knowing why this may have happened.
The bottom line here is that you need to take all of the relevant documents to a local attorney and ask for an explanation of what has happened and whether there is anything you can do to get the money sooner.
Posted 22 January 2013 - 12:11 PM
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