San Diego, CA asked in Legal Malpractice and Probate for California

Q: Uncle stole 300k from me. What can I do?

Mom passed away and thought I should not have ALL the $ until im "ready" and my uncle's boyfriend is in charge of the trust account (was in her will) hes not supposed to take any himself but hes not giving me the $...im 21yo and its like 300k of life insurance and savings. What can i do? Yes I am the sole beneficiary (only child) yes im supposed to get all the $ eventually (all in the will) but hes still not giving it to me...

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1 Lawyer Answer

A: Sounds like your uncle's boyfriend is carrying out your mom's wishes. Unless he is violating the terms of the trust, there's nothing to do. You should really read the trust instrument and figure out when the monies are supposed to be dispensed to you. It's probably specific amounts on a certain schedule. If it's just when you are "ready", then your uncle's boyfriend has a lot of discretion in determining when the money is released. In that event, you may want to consult with a wills and trusts attorney to see if the trust is valid. I can say that I wouldn't release $300k to a 21 year old, either.

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