Aunt refusing to cooperate with the will in NC

Asked over 1 year ago - 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. Paul Rutledge Durr III

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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.

  2. Celia R Reed

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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-... more
  3. James P. Frederick

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. ******... more

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