Legal Question in Wills and Trusts in Texas
Withheld property awarded in will
My mom died when i was 13. In her will I was left all her jewelry. The person who was my guardian never turned over the property once i moved out and has since refuses to give it to me. What can be done to get this person to turn over my mom's property. Can any charges be filed. The will was filed here in Harris County, but my former guardian lives in Ector County.
1 Answer from Attorneys
Re: Withheld property awarded in will
No criminal charges would be involved. You need an attorney to open the matter in probate and get in injunction for the guardian and trustee to turn over either the jewelry or it value, and assess punitive damages, since their failure to produce the jewelry is a breach of their duty to you as a fiduciary.
The duty of a trustee or guardian to a ward is of the highest standard, and the law may punish a breach of that duty.
So long as the defendant resides within Texas, they are subject to the jurisdiction of the Texas courts. The county where the will was probated is the proper venue for enforcing the terms of the will.
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