Houston, TX asked in Estate Planning, Family Law and Probate for Texas

Q: My minor son's father died 5.5 years ago. No will. We lived as a family, but were not legally married.

The estate was probated into my minor son's name for him to obtain at the age of 18. My question is: can I withdraw the funds on the scope that I, as his BIOLOGICAL Mother (only surviving natural parent) in which he lives with and I have SOLE responsibility for, believe those funds provide the best possible investment future, of the estate name, is in real estate and not held in the county clerk's funds. In short: I believe obtaining a real estate holding (i.e. using said finds as a down payment for a home to OWN, as he already recieves social security death benefits to ensure any further loan payments needed would be able to be paid) is a better investment for MY son's estate funds, how can I get the legal rights for my MINOR son's estate. I KNOW WHAT IS BEST FOR MY SON, NOT THE COURT! THIS IS OVERREACHING! A stable, NON HUD funded, dont have to worry about "living on the wrong side of town" home Estate is small, but enough for a downpayment for a home. Do I have any rights here? HELP

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: As a parent, you have a duty to provide food, shelter and medical care for your child. You do not have a right to use his inheritance for these. You can apply to the court to receive reimbursement or funds for things which a parent is not legally obligated to provide: summer camp, music lessons, a computer, etc.

Nina Whitehurst and Hon. Richard W. B. Davis agree with this answer

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