Hello,

My ex-husband passed away before his mother. His mother died in Switzerland and left and inheritance, which by law goes to her grandchildren. I had 2 children with him that are grown up. My ex remarried and had another child which is now 8 yrs. Old. We now have a problem with distributing his 1/3, because he is not of legal age yet, and the Oregon law states that there has to be a special account set up that is monitored by the court and the mother is not allowed to touch this money at all.

Is there another way to go about this? Can the mother ask to have the money given to my son (his half-brother) to be managed, so the mother can at least receive some money to raise him?

Any help anyone can give me with this is very much appreciated. Please ask follow-up questions if needed!

Thank you!

Ruth

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Originally Posted by swissruthy

Hello,

my ex-husband passed away before his mother. His mother died in Switzerland and left and inheritance, which by law goes to her grandchildren. I had 2 children with him that are grown up. My ex remarried and had another child which is now 8 yrs. old. We now have a problem with distributing his 1/3, because he is not of legal age yet, and the Oregon law states that there has to be a special account set up that is monitored by the court and the mother is not allowed to touch this money at all.

Is there another way to go about this? Can the mother ask to have the money given to my son (his half-brother) to be managed, so the mother can at least receive some money to raise him?

Any help anyone can give me with this is very much appreciated. Please ask follow-up questions if needed!

Thank you!

Ruth

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Does child #3 reside in your State ( Oregon )?

That's what it going to make the difference here as to answering your question. The other thing is that if the child is still a minor then the mother should apply to SSA for surviviors benefits. He should be getting a check from SS ( social security ) as a minor dependent.

Sorry but what is the issue of having it in a special account and the state appointing someone to over see it. If the child needs some money they will give it upon request, but they make sure that it is for the needs of the child.

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Originally Posted by califdadof3

Does child #3 reside in your State ( oregon )?

Thats what it going to make the difference here as to answering your question. The other thing is that if the child is still a minor then the mother should apply to SSA for surviviors benefits. He should be getting a check from SS ( social security ) as a minor dependent.

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Yes, the child lives in Oregon with his mother. The problem I'm having with this is that according to her lawyer. The money will be tied up, no matter what until the child is 18. Plus the court will take $2000 annually for fees. Does that make sense?

Why can't the mother just manage the money, which she has done for the past 4 years! I have a feeling that her lawyer is not honest or forthcoming with her.

Thanks!

Ruth

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Originally Posted by Fr_Chuck

Sorry but what is the issue of having it in a special account and the state appointing someone to over see it. If the child needs some money they will give it upon request, but they make sure that it is for the needs of the child.

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According to the mothers lawyer, she will not be able to get ANY money, even if she loses the house. The money will be tied up until the boy is 18.

I think that's wrong information.

Ruth

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Originally Posted by swissruthy

according to the mothers lawyer, she will not be able to get ANY money, even if she loses the house. The money will be tied up until the boy is 18.

I think that's wrong information.

Ruth

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I think that's either the law or the terms of the Will - which may have set up a Trust. Do you have all of the estate documents? What do they say?

The mother is also not entitled to use the child's money to pull her house out of foreclosure - if that's the question.

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Originally Posted by JudyKayTee

I think that's either the law or the terms of the Will - which may have set up a Trust. Do you have all of the estate documents? What do they say?

The mother is also not entitled to use the child's money to pull her house out of foreclosure - if that's the question.

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Thank you for the quick reply.

No, the mother has absolutely no financial troubles. She is working and holding her own with raising the child on her own.
My concern was, that the legal advice she received states that the money has to go into a conservatorship and no matter what, she would not be able to get any money out, ever.

The will states simply that the inheritance is to be given to the grandchildren. No percentage or amounts where mentioned. My Ex and I had an agreement as part of our divorce settlement that we would share any inheritance we receive 50/50. His widow is ready to honor that, but her lawyer advised her that it be illegal to sign any papers with the executor of the will in Switzerland, only the Oregon court could do that. She would then have to petition the court to pay out my share.

I know this is a long story...

Thanks again,

Ruth

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Originally Posted by swissruthy

Thank you for the quick reply.

No, the mother has absolutely no financial troubles. She is working and holding her own with raising the child on her own.
My concern was, that the legal advice she received states that the money has to go into a conservatorship and no matter what, she would not be able to get any money out, ever.

The will states simply that the inheritance is to be given to the grandchildren. No percentage or amounts where mentioned. My Ex and I had an agreement as part of our divorce settlement that we would share any inheritance we receive 50/50. His widow is ready to honor that, but her lawyer advised her that it be illegal to sign any papers with the executor of the will in Switzerland, only the Oregon court could do that. She would then have to petition the court to pay out my share.

I know this is a long story...

Thanks again,

Ruth

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You ex husband died and then his mother died. Your agreement with him was that you would split any inheritance he received died with him.

You can't force his mother's estate to honor an agreement that if your husband inherited you would get half - he never inherited.

Or am I still reading this wrong?

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Originally Posted by JudyKayTee

You ex husband died and then his mother died. Your agreement with him was that you would split any inheritance he received died with him.

You can't force his mother's estate to honor an agreement that if your husband inherited you would get half - he never inherited.

Or am I still reading this wrong?

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That is how I am reading it too so if it isn't like that please let us know. The money would be split equally between the grandchildren because they are the ones that are inheriting the money. I have known of trusts to be untouchable by anyone until the requirements of the trust have been met in this case the child reaches 18. If the grandmother had a good lawyer draw up her will then I wouldn't be surprised if this were the case. It would also be the case that she should't sign away money because that isn't what the will wants. I'm not trying to be harsh but her kid is as much of a grandson as yours are.

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Originally Posted by stinawords

That is how I am reading it too so if it isn't like that please let us know. The money would be split equally between the grandchildren because they are the ones that are inheriting the money. I have known of trusts to be untouchable by anyone until the requirements of the trust have been met in this case the child reaches 18. If the grandmother had a good lawyer draw up her will then I wouldn't be surprised if this were the case. It would also be the case that she should't sign away money because that isn't what the will wants. I'm not trying to be harsh but her kid is as much of a grandson as yours are.

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I agree with you, and I have no intention to take anything away from him. My 2 children and the 2nd wife are in agreement, that I should receive the 50% my ex agreed to give me. There is no dispute with any of the kids (or his mom, since he is a minor).

The will is written very loosely. It does not stipulate how much each grandchild gets, it merely states that "the money goes to the grandchildren". Nobody is in disagreement or in a fight. Everybody wants to give me m"my share", we just don't want the mom of the minor to be in legal trouble if she signs a contract of dictribution with the Swiss Attorney.

If it's not clear what I'm trying to explain, please keep asking... :)

Ruth

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Originally Posted by swissruthy

I agree with you, and I have no intention to take anything away from him. My 2 children and the 2nd wife are in agreement, that I should receive the 50% my ex agreed to give me. There is no dispute with any of the kids (or his mom, since he is a minor).

The will is written very loosely. It does not stipulate how much each grandchild gets, it merely states that "the money goes to the grandchildren". Nobody is in disagreement or in a fight. Everybody wants to give me m"my share", we just don't want the mom of the minor to be in legal trouble if she signs a contract of dictribution with the Swiss Attorney.

If it's not clear what I'm trying to explain, please keep asking...:)

Ruth

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If it's "to the grandchildren" at least in NYS it's presumed to be in equal shares.

I would be very surprised if the Courts would allow the mother of the child to finance an agreement (which is not legally enforceable) by taking money from the child.

Very surprised, indeed.

It's not the mother's money, it's the child's.

I don't think you have a share. Your share died when your ex died.

Why don't your children give you "your share" out of their money without tapping into the funds of an 8 year old?

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Originally Posted by JudyKayTee

You ex husband died and then his mother died. Your agreement with him was that you would split any inheritance he received died with him.

You can't force his mother's estate to honor an agreement that if your husband inherited you would get half - he never inherited.

Or am I still reading this wrong?

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I agree with you, and I have no intention to take anything away from him. My 2 children and the 2nd wife are in agreement, that I should receive the 50% my ex agreed to give me. There is no dispute with any of the kids (or his mom, since he is a minor).

The will is written very loosely. It does not stipulate how much each grandchild gets, it merely states that "the money goes to the grandchildren". Nobody is in disagreement or in a fight. Everybody wants to give me m"my share", we just don't want the mom of the minor to be in legal trouble if she signs a contract of dictribution with the Swiss Attorney.

If it's not clear what I'm trying to explain, please keep asking...

Ruth

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Originally Posted by swissruthy

I agree with you, and I have no intention to take anything away from him. My 2 children and the 2nd wife are in agreement, that I should receive the 50% my ex agreed to give me. There is no dispute with any of the kids (or his mom, since he is a minor).

The will is written very loosely. It does not stipulate how much each grandchild gets, it merely states that "the money goes to the grandchildren". Nobody is in disagreement or in a fight. Everybody wants to give me m"my share", we just don't want the mom of the minor to be in legal trouble if she signs a contract of dictribution with the Swiss Attorney.

If it's not clear what I'm trying to explain, please keep asking...

Ruth

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So each grandchild gets a third. Your two children each give you half of what your ex-husband promised you from their shares.

The 8 year old doesn't lose any money, nobody violates the law, you get your money, everybody is happy.

Again - you are attempting to enforce an agreement which is not legally enforceable. There WAS no inheritance by your ex-husband. He died first.

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Originally Posted by JudyKayTee

If it's "to the grandchildren" at least in NYS it's presumed to be in equal shares.

I would be very surprised if the Courts would allow the mother of the child to finance an agreement (which is not legally enforceable) by taking money from the child.

Very surprised, indeed.

It's not the mother's money, it's the child's.

I don't think you have a share. Your share died when your ex died.

Why don't your children give you "your share" out of their money without tapping into the funds of an 8 year old?

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That is what will have to happen. I don't want to take money from an 8 yr old at all, the mother agreed to give it. We were just not sure if that's possible. That was the question. Please understand that I am not in a feud or fight with her at all, she is just trying to figure it out and we'll abide by the law.

I appreciate your answers and input!

Ruth

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Originally Posted by swissruthy

That is what will have to happen. I don't want to take money from an 8 yr old at all, the mother agreed to give it. We were just not sure if that's possible. That was the question. Please understand that I am not in a feud or fight with her at all, she is just trying to figure it out and we'll abide by the law.

I appreciate your answers and input!

Ruth

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Hope it works out for you.

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Originally Posted by swissruthy

That is what will have to happen. I don't want to take money from an 8 yr old at all, the mother agreed to give it. We were just not sure if that's possible. That was the question. Please understand that I am not in a feud or fight with her at all, she is just trying to figure it out and we'll abide by the law.

I appreciate your answers and input!

Ruth

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I am not saying that you are feuding with her. I'm saying that the two of you can not legally make an arrangement like that because neither of you are entitled to a red cent. I stand by my statement that she would be absolutely foolish to sign something like that. Though even if she did I don't see it holding up in court because again... the two of you are trying to make an agreement over something that dosen't belong to you. In Indiana as well as a few other states that I am aware of each grandchild will get one third the mothers don't! So if you want "your share" you have to ask your kids to give it to you.

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Originally Posted by stinawords

I am not saying that you are feuding with her. I'm saying that the two of you can not legally make an arrangement like that because neither of you are entitled to a red cent. I stand by my statment that she would be absolutely foolish to sign something like that. Though even if she did I don't see it holding up in court because again... the two of you are trying to make an agreement over something that dosen't belong to you. In Indiana as well as a few other states that I am aware of each grandchild will get one third the mothers don't!! So if you want "your share" you have to ask your kids to give it to you.

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Got it. Thank you for your time and input. I understand. As I stated I am in no way wanting to take anything away from the child. That was never my intention.

Again, thank you,

Ruth