Ask an Estate Law Question, Get an Answer ASAP!
Hello and thanks for contacting Just Answer.
You could submit document requests to her pursuant to the court rules governing discovery in the state where the court is or you could file a motion to compel production of these documents if she refuses to provide you with the documents. You have a strong argument that the will is relevant to this matter.
I believe the court would not look favorably upon her draining the $19,000, money which was allegedly supposed to be for your son, unless she could show that she used it all for him. I'm assuming that's unlikely. You could also ask for an accounting of this money, when it was withdrawn, what it was used for, etc. This could help your arguemnt that she used this money frivolously and not on reasonable and necessary living expenses for her or your son.
I hope that this answered your question; if so, please provide me with a positive rating so that I receive credit for answering. If not, please let me know how I can clarify. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).