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

Q: Hi, my uncle recently passed away and in his will he left me $5,000. I am 22 and have been living on my own and complete

Supporting myself since I was 16. With that being said, my Dad got ahold of the funds before they were given to me and now he is withholding them from me. In this legal? Is there anything I can do to make him give it to me ?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In your situation, where your uncle left you $5,000 in his will and your father is withholding these funds from you, it's important to understand your legal rights. As a beneficiary named in a will, you are entitled to receive what was left to you, provided the will is valid and has gone through the proper probate process.

If your father has taken control of these funds without legal authority, this may not be in line with the intentions of the will. It's advisable to start by speaking with your father to understand why he is withholding the funds. There could be a misunderstanding or a specific reason that needs to be addressed.

If a direct conversation doesn't resolve the issue, you may need to seek legal assistance. An attorney can help you understand the probate process and determine if your father had any legal right to intercept these funds. If not, they can assist in taking steps to ensure the will's instructions are honored and the funds are released to you.

Remember, wills and estate matters can be complex, and the laws vary by state. Consulting with a legal professional can provide clarity and a path forward to resolving this situation. They can guide you in asserting your rights as a beneficiary under the will.

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