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Aunt refusing to cooperate with the will in NC

Charlotte, NC |

My adopted mother who is also my Great Aunt died....well the will she left is quite complex. The will states that anything she owns as well as specific accounts she named in the will should be turned over to me. Problem is there is a trust fund that she left in my Aunts name but says if I am over the age of 21 and have a degree when she passes all the money should immediately be turned over to me. The will specifically states that funds in that account was left for me and just me and that she wants only me to have it. The issues is she falls as the beneficiary on the account and the credit union will only release funds to my aunt...My aunt has said that she would get the funds and turn them over to me as the will states but she will not turn in the paper work to retrieve the funds...s

Attorney Answers 3


  1. This is a sticky situation to say the least. Since it sounds like your aunt is willing to work with you on this, I would give her every opportunity to do so. You do not want to sue her, and it is not entirely clear that you would win, if you did. So your best chance at straightening this out is really to help her to do what you want her to. If she refuses to do that, then you have a decision to make. It then depends on the value of the account and whether or not it is worth suing your aunt. If you get to that point, you will need an attorney to assist you.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. I agree with Mr. Frederick, if your aunt is performing, be patient. You may want to take the will and trust agreement to an attorney and have them review the documents and advise you on your rights if you feel that your aunt is truly not acting as she should. But if the credit union will only release funds to your aunt, then the account is probably payable to the trust.


  3. The money belongs to your aunt as the beneficiary designation overrides the provisions in the will. You should bring all documentation to a probate/trust attorney for review and also consider the ramifications of causing friction within the family. It may not be worth it.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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