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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7158
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I am the Executor of my mother's will. My mother specified

Customer Question

I am the Executor of my mother's will. My mother specified in her will a specific amount of money to each of my children at the age of 25. When my youngest daughter turned 18, she stole the money from the bank account, leaving approximately 1/4 of the amount. (unfortunately, I had the money in accounts with both names until I could protect otherwise). She beat me to the punch on this one.
She spent the money very irresponsibly in 3 months (ie: partying, spending on friends, elaborate items, car, and drugs). She is turning 25 in 3 months and now demanding the remaining 35K "to finish college". I do not believe she is responsible nor going to use the money for school. I have evidence of her spending.
I feel the Will was revoked. She is now saying that I "revoked" the trust.
1. I protected the balance, however needed to use it for my house...roof, A/C unit, repair.
2. Did I revoke the trust by protecting the balance?
3. Do I have the right to withhold the remainder until she has proven responsibility?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
I would like to help with your question, but I don't understand how she got into the trust money at age 18. In three months you will have to turn over the rest of her money unless you were given the power by the will to hold on to it longer. The law is very clear on that point, and her profligate spending 7 years ago cannot be used to controver the terms of the will. A will cannot be revoked in the manner you suggest. That's pretty much what a court will say when your daughter sues you for her trust money. It's her bequest and you have no authority to keep it away from her. I hope that this information is helpful and that you will enter a positive rating. That is the only way I will be compensated for assisting you. Bonuses are appreciated too. I will be happy to answer follow-up questions which relate to this one. Also, since we are not acting as your attorney be sure to confirm our information with a local attorney. Thanks for choosing JUST ANSWER.