Legal Question in Wills and Trusts in Texas

My aunt passed away in Texas and left 10k to my sister who was under 18 at the time. My father and stepmother demanded to hold it untill they thought she was old enough. She is currently 20 yrs. old and was asking for the money to pay some bills and possibly use towards school. After several delay tactics my father and stepmother have admitted to spending the money. Is this legal? Is there any way for her to get paid back? My sister lived in NJ but my aunt passed away in Texas so which law do we go by?


Asked on 12/30/09, 12:09 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Much more information is necessary to answer this question. I assume there was a will since you mentioned a specific amount. Was the will probated? If so, where? Did it set up a trust?

You say that your sister LIVED in New Jersey, but is she still there? Are her parents? Where was the aunt's residence?

You need to talk (or have your sister talk) to a lawyer and give him or her all of these details (and more). Remember, court fights can be expensive and it might not be worth it. Also, your sister might have a different tolerance than you for fighting family members. I wish you both good luck.

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Answered on 1/04/10, 1:36 pm


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