Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, November 16, 2018

Mom's Shocking Diary Secret Triggers Legal Challenge by Daughter

FranceParents are meant to provide, care, nurture their children and do everything in their power to allow their children become the greatest adults they could be. But what if a parent withholds an incredible opportunity from their child, supposedly out of love? Also, what if the child finds out about that betrayal years down the road, after the beloved parent has passed away?

That's what happened to Celeste, a student in high school from California with a knack for speaking France. A knack so great, in fact, that she won a local foundation's contest to spend a month in France. Upon her return, the president of the foundation was so impressed that he wrote a letter addressed to both Celeste's mother and Celeste herself, offering her a scholarship to the university of her choice in France, paying all expenses and tuition. But the mother did not pass on the message; instead she replied back that she could not stand for her daughter so be so far away for so long, and that Celeste would remain in her hometown and pursue cosmetology.  The mother signed the letter "Leave us alone!"

Celeste never left home, had three adult children with French names, and never lost her love for the French language. It was not until she was going through her mother's diary 2 weeks after her passage that she discovered the letter and the selfish intent behind its refusal. She now wants to know what she can do against her mother's estate, which is giving a sizable amount to charity and grandchildren. She would first have to file a claim against the estate, as creditors are paid first, then if that is denied she would file a lawsuit against the estate, claiming her mother breached her duty to her by wrongfully withholding the offer.

Secondly, she would have to send post cards from France.

See H. Dennis Beaver, Esq., Mom's Shocking Diary Secret Triggers Legal Challenge by Daughter, Kilpinger, November 14, 2018.

Special thanks to Lorri Carpenter (CPA, Florida) for bringing this article to my attention.  

https://lawprofessors.typepad.com/trusts_estates_prof/2018/11/moms-shocking-diary-secret-triggers-legal-challenge-by-daughter.html

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Comments

c'est la vie . . . she can always take a potty break on the grave. (just kidding)

Posted by: Jac Schuster | Nov 17, 2018 9:52:50 AM

Thanks for the mention!

Posted by: L Carpenter | Nov 17, 2018 3:33:30 PM

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