Legal Question in Wills and Trusts in Massachusetts
House left to 6 minors but money spent by parents
My nephew (J, age 19) had a house left to him and his 5 younger siblings by their father's step-father (B) when he died 5 years ago. The kids were aged 1 to 14 at the time. The kids parents were not mentioned in the will, and had had no contact with B for a few years (B objected to the treatment of the children and the father then refused him any contact).
The parents managed to get the money after the home was sold ($80k) and spent it to put an addition on their home (in WA state).
J left home at 16 because (because he disagreed with the parents very religious beliefs - he has never gotten into any trouble whatsoever). He asked his father for his portion of the money, and was told ''there is no money left''. J's sister (age 17) has also left home and is now struggling to support herself.
Do the kids have any rights regarding the money that was left to them? Were the parents allowed to spend it how they wanted?
2 Answers from Attorneys
Re: House left to 6 minors but money spent by parents
I would need to see a copy of the Will and the Probate file, however from the facts that you have described, the children may indeed have rights and the parents may have converted the proceeds to themselves, illegally. A face to face meeting to review the documents would be needed to determine exactly the proper course of action.
Re: House left to 6 minors but money spent by parents
The kids should consider retaining a Massachusetts attorney to closely review the Probate of B's estate to see if guardians were appointed to protect the minors' interests and if the funds were unlawfully converted by their parents who will surely claim their spending it on an addition to their home was for the benefit of the children.
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