Legal Question in Wills and Trusts in California

Turn 18 and we will give you inhertance.

THe mother inlaw passed away and the other 2 grand children were in the will for 5 thousand dollars each. One of the kids was not becuase it was not blood related. The executor and the brother who is the father of the step child agreed to both put in 2,500 dollars to give to the step child when she turned 18 years old. No documents were ever made of this agreement no specifics were made except she had to be 18 and they wanted her to graduate. She is now 18 and she graduated and the executor will not give her the money becuase its in an account compiling interest. The brother who put in 2,500 dollars said pay the 18 year old or he wants his money back. The 18 year old agrees to that also. The executor will not agree. We now want to sue for the 2,500 dollars back to the person (the brother and step dad) so that he can give her his own share of the money since his sister the executor is being so unrealistic. The executor now says she will go with the 18 year old in a year or so from now to buy her a car or clothes or what ever she needs. The 18 year old does not mind paying any penalties and fees for closing the account ether, she just wants this all to end. She is an adult now and her father is more then willing to help his daughte


Asked on 6/18/08, 7:36 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Turn 18 and we will give you inhertance.

Do you know how to spell small claims court?

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Answered on 6/21/08, 5:44 pm
Jeb Burton The Burton Law Firm

Re: Turn 18 and we will give you inhertance.

This is actually more along the lines of a contract law case then an estate planning case. However, the step father probably has a case against the executor not only for the 2,500 dollars he put in but for the rest of the 5,000 dollars as well. It appears that there was an agreement and the step father provided a financial contribution to meet his end of the agreement.

I would recommend seeking a small claims court action attempting to get the full 5,000 dollars distributed. You don't need to hire an attorney to sue in small claims court.

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Answered on 6/19/08, 1:34 pm


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