#The Moneyist: My grandmother died, leaving a $1 million estate. I asked my mother what happened to half the money. She said, ‘I spent it.’
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“#The Moneyist: My grandmother died, leaving a $1 million estate. I asked my mother what happened to half the money. She said, ‘I spent it.’”
‘If I ask for any money, she gets irate and tells me that I work, and makes digs at my husband and me’
Dear Quentin,
My grandparents had a $1 million estate. I work about 50 hours a week and still struggle to make ends meet. All of our homes are paid off. My grandma died almost a year ago, and the probate lawyers have been on my mom’s case to collect the necessary documents to settle the estate because the judge is tired of it being on his docket.
When I asked what happened to one of the bank accounts with half a million in it, she said, “I spent it.” I asked what she spent it on, and she said, “Grandma’s bills, and some other stuff.” She has a shopping addiction. If I ask for any money, she gets irate and tells me that I work, and makes digs at my husband and me.
She is dragging her heels on carrying out her duty, and I worry there won’t be any of my inheritance left. What can I do? Should I call our lawyers back? Can she get into trouble? I wouldn’t want this, but as a disabled person who works three jobs and still struggles to support her four kids, we definitely could use our cut.
Waiting for Mom
Dear Waiting,
Your mother has no legal right to spend money from your grandmother’s estate, or delay indefinitely probate on her estate. In fact, she has a fiduciary responsibility to act in the best interests of the beneficiaries, and you can petition the probate court to compel her to start probate, or remove her as executor. She has proven herself unwilling and/or incapable of performing her duties.
Most courts require a probate bond, which acts as an insurance policy against the executor of a will or an administrator of an estate misappropriating funds. “All probate bonds basically ‘guarantee’ that any outstanding debts of the estate will be satisfied and all remaining assets will be distributed as per the deceased’s wishes, or based on state law,” according to Lissner & Lissner LLP.
Legal intervention will help your mother. Shopping addiction is often a way for people to avoid feeling anxiety or sadness, but it only works for a short period of time, so it becomes a vicious cycle. This need to escape trumps any short- or long-term consequences. Some even see it as a form of internet addiction. Your mom’s addiction has been exacerbated by access to your grandmother’s cash.
“‘The longer you wait, the bigger a hole your mother will dig for herself, and the more money will be spent from your inheritance.’”
If a judge removes your mother as executor? “The court will force the executor to return the money to the estate or pay restitution to the beneficiaries of the estate,” according to the Law Offices of Albert Goodwin, a New York-based attorney. The court might order her to pay for the attorneys’ fees rather than using funds from your grandmother’s estate to pay for these attorney’s fees, the firm suggests.
Your mother is just managing your grandmother’s estate, and has no right to help herself and act with zero accountability. If an executor uses the estate’s money for their own purposes or transfers estate money to their self, they are considered by the law to be taking everyone’s money, not just their own, Goodwin adds. “Estate money does not belong to the executor,” the law firm says.
Was your mother a co-signer or co-owner on your grandmother’s bank accounts? If she was a co-signer, she has no right to access this money. The longer you wait, the bigger a hole your mother will dig for herself, and the more money will be spent from your inheritance. Standing on the sidelines and exchanging sharp words with your mother is no longer an option.
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Quentin Fottrell
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