Friday, April 30, 2010

Some legal advice regarding a will and/or trust?

Recently it came to my knowledge that I should have been receiving payments from my grandfather who had passed away about 6 years ago. This came to my knowledge because my father had ';accidentally'; deposited a check written out to me specifically into my account from my aunt. When I contacted my aunt, she informed me that the money was for me from my grandfather, but would give little else information.





Basically what I'm looking for is help finding out where to go next? My father says the money was not mine and demands that I give it back. I don't believe that this was the first or last check that I should have received and don't know how to find out more information about that. Is what my father did (cashing my checks and keeping the money) illegal? If so what route would you suggest that I take? If you ask for additional information in the answers I will post it immediately. If you think you can help, feel free to answer or message me.Some legal advice regarding a will and/or trust?
You can try contacting the trustee or will executor who's delivering the checks and ask to see a copy of the will or trust instrument. It sounds like that person would be your aunt. The document will describe specific instructions over how the money should be handled, whom it should be delivered to, and so on. If you think that the money has been mishandled or stolen by your father, then you should contact an attorney immediately.





You should speak to an attorney who handles probate and trust matters.





EDIT: Yes, in that case you should go straight to a lawyer.Some legal advice regarding a will and/or trust?
Hire a lawyer, unless you're under 18, then ask the court to appoint a conservator for you, who will sue on your behalf and protect any money that belongs to you.
If you are over 18, you need a lawyer.





If you are under 18, not a thing you can really do till you turn 18
Consult a real attorney about maneuvering through this minefield.
get a copy of the check from your bank, front and back. even though the check was from your aunt payable to you, there maybe a specific bank account set up in your name to be payable in certain amounts or dates specified by your grandfather. your aunt maybe the executor of that account.





if you can find the bank and account that it was written on, then go to that bank and verify.





when your grandfather passed away you would have been 16. most likely this trust was set up to pay you installments at either age 18 or 21 so you would not blow the entire amount.





if your grandfather had been well off prior to his death, their maybe an estate filed in court. call the probate court where you live and talk to a court clerk and ask for their help. if they cannot find a probate estate filed, then hire a lawyer for legal advice.





you need either a probate lawyer or a general practice lawyer. look in the phone book or on the internet. or you can call the bar association and request they give you names that handle this.





its too bad your aunt is not cooperating with you. i suspect she is aware that your father has been doing this and does not want to get him into trouble.





good luck

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