Legal Question in Wills and Trusts in Colorado
I just want what is rightfully mine.
My dad passed away a couple years ago, and after he died i received some money. Since i was a minor at the time, the check(s) were written to me but in care of my mother. My mother and father had been divorced for at least 10 years prior. Now that i'm no longer a minor, my mother refuses to give me what i feel is rightfully mine. Am i wrong here?
1 Answer from Attorneys
Re: I just want what is rightfully mine.
Hard to answer this without more facts. If a conservatorship was set up then the money is yours and should have been taken care of by your mother on your behalf (she is a fiduciary with duties and obligations in this role). If your father died with a will that set up a testamentary trust that money should have been managed for your welfare but a trustee usually is given discretion to manage the money for your benefit with a lump sum payment when the trust terminates (usually by a certain birthdate specified in the trust). You may be able to file a lawsuit to challenge your mother's handling of the money, but you'd need to think about the effect that suing your own mother will have on the family - and the amount of money at stake.
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