Legal Question in Wills and Trusts in Virginia
Parent continues to hold inheritance after I request otherwise(i'm over 18)
My uncle died and left me and my brother his retirement money.Since I was under age while it was being processed my mother was put over the account but i had reached 18 and graduated high school when the money was finally transferred into the account but she refuses to sign over the account, withdraws money without my permission, and regulates my spending.Now the money is running low.Is this legal? Can I file a suit to recoup some of the money since i wasnt able to use it to full potential?
2 Answers from Attorneys
Re: Parent continues to hold inheritance after I request otherwise(i'm over 18)
Yes, you would appear to have a viable basis to file suit against your mother to recover these monies, but you should arrange for a consultation wih an attorney who can review the facts and evidence and then further advise you on this particular matter.
Re: Parent continues to hold inheritance after I request otherwise(i'm over 18)
It depends on what the beneficiary designation in his retirement plan said. It may have been left to you and your brother in such a way that you would not be able to get direct access until age 21.
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