Can my uncle force me to give up 6k that my grandmother wanted me to have?

UPDATED: Oct 1, 2022

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Can my uncle force me to give up 6k that my grandmother wanted me to have?

I lived with my grandma all my life and she died last month. She had a safe with $6000 in it she said was mine before she dead. After she passed, I put the money into my bank account. Now my uncle found out about it and he wants half. Since there’s no Will, can he force me to give it up?

Asked on June 27, 2019 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he can. If she had actually given the money to you prior to her death, it would be your money: a person can gift or give away money while they are alive. But she did not actually transfer the money to you then. Her wishes or intentions are irrelevant after she dies, unless she had put those wishes or intentions into a written and properly exercised will. Since she did not have a will, you had no right to take that money after your grandmother passed away. Instead, the money will pass by "intestate succession," which means that if your father or mother (whomever was your grandmother's child) passed away; you have no other uncles or aunts, and you have no siblings, then you and your uncle will share it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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