posted
How about posting it in a less obscure format, or better yet, just quoting the relevant parts (if you really want to post such sensitive informtion on the internet?)
Posts: 21182 | Registered: Sep 2004
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Blayne Bradley
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posted
Its pages I scanned from the computer, beyond reuploading it into separate images there's no real way to post relevent parts online, considering also that I have no idea what part of the will would be considered relevent.
Inside the rar file is a number of jpegs of the separate pages of the will there should only be 10, of about 10 lines of a rather large font on each.
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Yes, but I can't open an rar file. And quite honestly I know there are online apps that will convert it for me but I don't feel like doing that. So if you'd like to do that go ahead and I'll be happy to look at it, but I'm sorry, I don't feel like investing that much time in it right now.
Posts: 21182 | Registered: Sep 2004
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posted
From a first reading, it specifically gives you $2,000 when you turn 21, and says you get an equal portion of half the rest, right?
Are you the youngest of your siblings?
Edit to add: Because it says that the rest won't be disbursed until the youngest of the grandchildren turn 21, that's why I ask, otherwise all I can see you getting is the $2,000 specifically allotted to you.
It also says that your great aunt had the power to pay your parents your money, to be kept invested for you until you turned 21. How long has it been since your grandmother passed away? Shouldn't your great aunt have given them the money?
Posts: 21898 | Registered: Nov 2004
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posted
I concur. The money could be used for your benefit until you were 21, there may be some left, there may not. Whatever is left, will be distributed when everyone is 21.
But of course, IANAL.
And even if you want us to look at this to help you out, only a few pages are relevant. I would strongly advise taking down the links to the non-relevant pages. This being, after all, the interwebnet.
Posts: 21182 | Registered: Sep 2004
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posted
Oh yeah, I missed that part. If your great aunt already paid the money to your parents and they used it on your behalf, it could very well be gone. You get whatever is left AFTER your youngest sibling turns 21.
But, it specifically set aside the $2,000 for you, so you should get that regardless of what happened to the other money. You might want to ask your parents about that and see what happened to the rest of the money.
Ditto on IANAL. There might be something else to it that Dag could help you with, but I'm not sure if he'd be able to wade into that or not, given the rules he has to follow (ethics and what not). But that's how I see it.
Posts: 21898 | Registered: Nov 2004
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Blayne Bradley
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posted
I am not the youngest and I am unsure which pages are not relevent.
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Blayne Bradley
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She died 12 years ago, and my aunt has held onto the money and not given my parents a penny of it. AFAWK its all still there gaining interest.
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Well, then you'll want to see about the share you're entitled to when you turn 21, and you'll have to wait for your youngest sibling to turn 21 to find out about the rest.
Though if it were me personally, I might inquire as to the status of it, so long as you're asking for the first part.
Also it doesn't look like you are entitled to any interest on the $2,000, it's a fixed figure, only for the rest. And it might be less than you think, you have to take into account expenses that needed to be paid out by the estate like funeral costs and what not at the time.
Posts: 21898 | Registered: Nov 2004
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quote:Originally posted by Mucus: I find this focus on money creepy, although I suppose it is the fate of many wills.
Well, to be fair, his grandmother has been deceased for more than a decade, and it IS his money. If I were in the middle of my education and knew I had money coming to me, I'd probably be just as forthright in my search for it.
Besides, it IS his. I found out years after I graduated high school that I was supposed to get a thousand dollars from my grandmother that I never got. I was the only grandchild that was still in high school when she passed away. It's a point that I've never pushed because frankly at this point it's nowhere near worth the fight it would probably cause, and that's not what my grandmother would have wanted. But I certainly can understand wanting what is yours and not wanting to be swindled, even if (or especially if) it's by a family member.
Posts: 21898 | Registered: Nov 2004
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Blayne Bradley
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posted
I don't see where it says 2000 goes to me?
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I work for probate attorneys but not in Canada. So this is entirely my personal understanding of Illinois law as gleaned in the ordinary process of my job. This is absolutely NOT to be taken as legal advice under any circumstances.
I see no reference to a bequest of $2,000 to you. I saw specific bequests in varying amounts to other people - her brother and sister, Suzanne, William Jr and Alexander, but not to you. So I don't know if I missed something or if someone else misread?
Your portion of the one-half share (I presume of the roughly $85,000 figure referenced on 003 less probate and estate expenses plus any interest on investments of that money) split equally between you and your siblings is paid to you or used for your benefit as the trustee determines in her sole discretion. This may include education expenses, health care, room and board, etc. You should be entitled to an accounting of how this money was disbursed if it was used for your benefit rather than being held for disbursement. In either case, you should be required by the courts to sign a receipt and acknowledgement of receipt of the funds (or receipt of benefit of the funds).
The $2,000 is a flat amount. If the money was placed in a separate account for your benefit when your grandmother passed away as part of the probate, there might be interest accrued from the depository account. But there is no guarantee of that.
The house is a separate issue that can't be addressed at this time. You'll have to wait until all of your siblings have reached age 21 before it can be listed for sale. Sale expenses - such as brokers and attorneys fees, taxes, closing costs, title and survey, etc. - will come out of any proceeds before any of you receive any money. Again, you should be required to sign receipts to be filed with the court.
As for how to collect... Be professional and adult about this. I suggest you wait until after your birthday and then politely talk to your great aunt. Making (or attempting to make) an actual appointment to meet with her may be a good idea. I also suggest that you be prepared to explain in relative detail what you plan to do with the funds. DO NOT DEMAND ANYTHING. Yes, it's your inheritance. But until it's actually handed over, she holds the purse strings, and if you make things difficult, she may do the same.
Posts: 4515 | Registered: Jul 2004
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Blayne Bradley
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posted
The only problem here is that shes in Manitoba, I live in Quebec and I have never left my province before.
quote:Originally posted by Lyrhawn: If I were in the middle of my education and knew I had money coming to me, I'd probably be just as forthright in my search for it.
Honestly I doubt it. I think there is a fair chance you would *at least* take some time and find more private lines of inquiry to pursue rather than posting the will on a public website and asking for opinions from near-anonymous posters.
Posts: 7593 | Registered: Sep 2006
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Blayne Bradley
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However I am 99% ignorant of the law regarding wills past "inheritance = mine", so asking anonymous posters seems like a great idea, free advice to allow me come up with a plan of action before consulting local professionals.
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My bad, I must have misread the part about the $2,000. I thought he was one of the grandkids listed as specifically getting an amount.
quote:Originally posted by Mucus:
quote:Originally posted by Lyrhawn: If I were in the middle of my education and knew I had money coming to me, I'd probably be just as forthright in my search for it.
Honestly I doubt it. I think there is a fair chance you would *at least* take some time and find more private lines of inquiry to pursue rather than posting the will on a public website and asking for opinions from near-anonymous posters.
Oh, I see what you're saying. Yeah I'd certainly use different methodology than he is. I'd go through my family first and try to figure it out before asking people outside my immediate family for help, and I can't imagine coming to the point of ACTUALLY posting my grandmother's will on the internet.
I guess I just meant that I don't fault him for wanting to get at the money so much. The way he's doing it is another matter.
Posts: 21898 | Registered: Nov 2004
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posted
If you can't get there to see her, then set up a time for a phone conference.
And I forgot to mention that like Goody, I only saw the reference to "half of the rest to be divided between", not $2000 to you. I think you could inquire about it once you turn 21 but if you are not the youngest child it may have to wait until the youngest is 21.
Posts: 21182 | Registered: Sep 2004
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posted
(Oh, and the not relevant pages are the ones regarding the probate, etc., and the first few. Only the ones listing specific bequests are really needed for this discussion-- and I would still make an effort to type up quotes from them instead of providing links to the documents, and blank out everyone's name but yours.)
Posts: 21182 | Registered: Sep 2004
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posted
You know, if the will specifies that she (your Aunt) can use the money in the will for your benefit (prior to the time your youngest sibling reaches the age of 21) -- then perhaps she would be willing to use part of the money now to help pay for your educational expenses.
If I were in this situation, I'd write the Aunt an extremely polite letter. In the letter I say that based on the will, you understand that she is holding money in trust for you until your youngest siblings 21st b-day but that she has the authority to use these funds for your benefit up to that time. Explain about your educational goals and expenses. Tell her that you would like to talk with her about the possibility of using some of this money to pay for your educational expenses now. Be very explicit about how the money would be used. Don't make demands and do whatever you can to assure her that the money won't be used for gaming or partying but will actually help you be more successful in your education.
If you can persuade her that you are mature and responsible and have a legitimate need for the money now, you have a good chance of getting at least part of it now even though that is not require by the will.
She may not be willing and you need to respect that going in. As long as she has the money (and despite what it says in the will she may not), it is in your self interest to be as polite to her as possible.
Also note that if she has been holding the money in a trust fund in the US, she would have had to file a tax return on it every year. This may be true in Canada as well. You may have the right to see those documents since you are a beneficiary of the trust.
Posts: 12591 | Registered: Jan 2000
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posted
Just be aware that the request to see trustee tax returns, even when one is entitled to do so, can be interpreted as confrontational, especially among non-professional trustees.
I'm not saying it's a justified reaction, but it does occur. You need to factor this possibility into any decision to seek such documents.
Posts: 26071 | Registered: Oct 2003
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quote:Just be aware that the request to see trustee tax returns, even when one is entitled to do so, can be interpreted as confrontational.
Good point! Because it appears Blayne may not be legally due anything for several more years, it is not in his best interest to offend the trustee. I certainly wouldn't recommend that approach unless he has reason to believe that she may have embezzled the funds.
Posts: 12591 | Registered: Jan 2000
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Blayne Bradley
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posted
I am 20 going on 21, I should be due for it this june, I am 100% certain that only the part referring to the house involves the youngest sibling, as each one gets to 12 we get our 5th of the money.
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While I'm glad for privacy's sake that Blayne took down the links to the images, I'm slightly bummed because now I wanted to go back and see if the distribution of the one-half of the estate to Blayne and his siblings was to take place only when the youngest turned 21 or each of the grandchildren receiving his or her portion after they individually came of age. It's unusual in the documents I type up to have cash disbursements predicated on all members of a particular group of beneficiaries reaching age, except for in the case of the sale of a piece of real property, which also exists here. I know that last night I interpreted the document to say that one-half of the estate was to be divided among the grandchildren and any portion allocable to a grandchild under 21 years of age was to be held in trust or used for their benefit.
Dag's absolutely right. Asking to see documentation can definitely trigger a negative reaction. Please take that into account when dealing with your great aunt and approach her accordingly. Finesse and tact are important.
Posts: 4515 | Registered: Jul 2004
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quote:I am 20 going on 21, I should be due for it this june, I am 100% certain that only the part referring to the house involves the youngest sibling, as each one gets to 12 we get our 5th of the money.
If you are confident of that, I would start off by sending a very polite letter to the great aunt saying that 1. you understand she is holding a trust fund for you until you reach the age of 21, 2. you will be 21 in June, 3. you need the money for your education and 4. you want to know how much is in the trust what arrangements should be made so that you can get the money in a timely fashion.
With any luck, she will write you a return letter saying when to expect the check. Worry about complications if and when they arise.
Posts: 12591 | Registered: Jan 2000
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posted
Blayne, I got your email, but I can't open the attachment. If you removed the links and haven't taken down the actual jpgs, I can still get into the files when I get home tonight. I just don't have that history record here at the office.
Posts: 4515 | Registered: Jul 2004
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quote:Originally posted by Blayne Bradley: I am 20 going on 21, I should be due for it this june, I am 100% certain that only the part referring to the house involves the youngest sibling, as each one gets to 12 we get our 5th of the money.
I'm curious. Have any of your older siblings reached the age of 21 (assuming you have older siblings)? If so, what have they done about this?
Posts: 21898 | Registered: Nov 2004
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posted
Blayne, the issue of money held for an under-age beneficiary (and acceptable uses under the "for the benefit of" clause) came up in discussion today at work. And it reminded me of this thread. Mind sharing the status of your discussions with your aunt?
And by the way, happy (very) belated birthday Posts: 4515 | Registered: Jul 2004
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quote:Originally posted by Threads: Winrar is garbage sharewhare. 7zip is free and fast.
WinRAR is the basis of .cbr files. Wash your mouth out with soap.
Posts: 12266 | Registered: Jul 2005
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Blayne Bradley
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posted
I am now 21 my mom has gotten on my dads case to hurry up and resolve this and figure out where the money is and when me and my sister are getting our share. My brother is 19 and wont be getting his for roughly 2 years assuming he gets it at 21.
Apparently I think my dad has roughly mentioned needing to do this once he has time off and/or time to go to alberta to see my aunt, he needs to talk with his uncle probably as his aunt only really listons to him or some such thing, also something about getting a lawyer, I'm sketchy on the details.
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Blayne Bradley
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posted
Also i got very scared, as i first reread this thread as "Alright I got a Wii can anyone help me out?" and got scared.
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