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inheritance troubles

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  • inheritance troubles

    I have so far been unable to find any assistance for this matter, it appears to be unusual circumstances.

    My husband has sole custody of his 4 children (all under 15), they have lived with him since the first day of separation 6 years ago, and their mother, who had EOW, had her access taken away by the courts 2 years ago because she proved that she did not have the best interests of the children at heart and was found in repeated contempt of court by blatantly refusing to follow court orders.

    There is very rarely any communication, and when there is, it is always with her being hostile, no co-operation and usually pretty nasty stuff. She has serious mental health issues and is an alcoholic.

    Her father recently passed away and has left a sizable amount of money to the children. We currently do not know the amount, she refuses to tell us how much, which is her right as we are not named in the will. The amount is understood to be a 6 figure amount though. The grandfather led us to believe that whomever had custody would be made the trustee for the money. We have been informed by her family that she has been made sole trustee. She was very good at blackmailing her father to get her own way, usually with suicide threats. (Told this by the grandfather)

    I understand that the office of the children's lawyer will be informed and will assist in overseeing the money, but as it stands now, she will be able to collect the cheque, and there is a very real danger that she will vanish with the funds. She has been left an identical amount of money, and we are unsure of her current location as she has not been in contact with the children for a long time.

    I have been searching the web, and as we are not in a position to afford a lawyer (she doesn't pay child support, and says she never will) we are unsure of any way we can have her removed as trustee and have someone else appointed trustee. We already have an investment fund set up for the children and ideally the money should be put with the rest in order to be properly invested and controlled.

    We are very afraid for the boys money. It is their future, their grandfather intended it to be for their education and to give them a good start in life. The money is not safe with her, she can't look after herself let alone control a large sum of money and invest it properly. The intention was also that it could be used for emergencies for the boys, to look after their welfare (as we were told by the grandfather).

    We can't even communicate with her as she is so openly hostile and makes communication impossible, so there is no hope of ever having any co-operation with her regarding releasing funds as and when required by the boys, but most importantly we do feel the money is in danger of vanishing and the children losing out completely on the future that their grandfather wished to secure.

    Can anyone give some guidance on this situation? can we just make a motion to the court and have her removed as trustee based on the fact that she has no custody and no access? Do we have a leg to stand on here? How would we go about even starting to deal with this mess? We are prepared to do what we can ourselves, my husband won sole custody even though he self repped, and will do what it takes to protect the children's futures.
    Last edited by FormFiller; 04-15-2016, 02:13 PM. Reason: typo
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