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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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