My mother passed away and left $5000 to my daughter. There was no stipulated use for this money. The executor of the will in now saying there was no estate left. So my sister is now saying that she is paying for this willed money out of her pocket she will only give it to her for school and we are homeless right now.
1 Answer from Attorneys
If the estate was depleted by claims of creditors, then there truly was nothing to disburse to intended beneficiaries. If, however, there were funds and property to satisfy some beneficiaries and not others (including your daughter), I certainly would question how the executor determined the allocation of assets. If, indeed, there was nothing to distribute to the decedent's grand-daughter, it is a very nice thing that your sister is offering. Under the law, if there is no money, there are no disbursements.
If your daughter's aunt wants to give her a gift and restrict it to educational purposes only, she is legally entitled to do that. If she is making it from HER OWN money (and not still disbursing Grandma's assets in accordance with the will), the money can only be used for the purposes stated with the conditional gift.