QUESTION

Can my mom keep money from me that belonged to my father

Asked on Jul 06th, 2014 on Estate Planning - California
More details to this question:
My father died a few months before I was born. He left me an my brother a considerable amount of money. I want to move out on my own but my mom keeps holding it over my head saying she's going to keep it from me. Is there anything I can do to get the money so I can start my life?
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1 ANSWER

Taxation Attorney serving Santa Monica, CA at Lyster, Inc.
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By "left me and my brother," I assume your father must have made a will, did a trust, or made some other arrangement (e.g., Uniform Trnasfers to Minors Act) for the two of you.  The instrument by which he made these arrangements (will, trust, etc.) will say when you are to receive the money.  If it is time for the distribution, as your father specified in the writtten instrument, you should demand that the person who has control over the money (I assume that is your mother) distribute it to you.  If she won't, you should file a petition with the probate court to force her to account to you for the money she has and to distribute that to you and your brother.
Answered on Jul 06th, 2014 at 3:49 PM

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