Question:

Do I have a legal leg to stand on to get my inheritance if there is no will filed with a lawyer?

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My Mom died and left all of her surviving children money.

My oldest brother is handling the money.He says there are conditions for me,(don't know about everyone else),but won't tell me what those conditions are?

He won't give me all of my money either.

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3 ANSWERS


  1. If it is your Mother or Father who died, yes. You would be surviving child. Plus any Brothers and Sisters. A little more info on why you think you are owed anything and why you think you are not going to get it would be helpful.


  2. A will does not have to be filed with a lawyer to be valid, as your question implies.  Since "there are conditions", it sounds like you may be describing either a will or a trust.  In either case, the best thing to do would be to get a look at it and decide if you think it is a valid document (with legal help, if needed).  It sounds like your oldest brother is the executor; this would be the first thing to check, since the executor is in charge of carrying out the terms of the will.  There is also a probate process, which could delay the distribution of property for quite a while.  

    If there is no will or trust, then your mother died "intestate" and the laws of your state would be followed.  If the closest living relatives are her children, in the states I am familiar with, the property would be divided equally among the children.  

  3. As a beneficiary you have a right to a copy of the will or Trust.  Call your Mom's attorney and ask for a copy then you will know the "terms and conditions" of the estate.

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