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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16578
Experience:  Licensed experienced Attorney
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I just discovered that my father gave my brother US Savings

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I just discovered that my father gave my brother US Savings Bonds to be given to my son when my parents' Trust was fully executed. They have both passed away and the Trust
is past being fully executed. Since my son never got any bonds, and although we have
asked the Bonds be sent on, my brother appears to be unwilling to turn them over to my son. (He tried to negotiate a cut of the Bonds before disclosing them and I just accidentally found out about them myself).
If there anything that can be done to force my brother to send his nephew's Bonds on to him?
Thanks very much.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Is there anything in writing that shows the intent by your father to transfer / gift this bond to your son?
Customer: replied 4 years ago.

Oy, long story but after my father passed away, my brother took my elderly mother to court to try to take away her power over her own assets/finances. There was a big court case and in reviewing the paperwork I found a letter my brother had written to his attorney telling his attorney that my father had given Bonds to him for my son to be


turned over to my son "upon full execution of the Trust." This info


appears in his attorney's Supplemental Responses To Special


Interrogatories....So I have it in "black and white" from the Horses's


Mouth.


 

Dear Alana,

How long ago was this trust executed?
Customer: replied 4 years ago.


Sorry, I can't tell if my last response to your question re how long ago the trust was executed has gone through ....if not, my father died in 2000 and my mother in February, 2012. Trust fully executed a few months after


that so roughly six months ago or slightly more.

Dear Alana,

Thank you for your follow up.

Just one more thing.

Do you know the estimated value of the bonds your son was supposed to receive?
Customer: replied 4 years ago.


No, we have no idea. I would just GUESS maybe $5K - $10K, but only a guess.

Dear Alana,

Thank you for your follow up.

Unfortunately, since your son is an adult, it is your son who would have to bring a claim against his uncle and as long as the estimated value of the bonds is under $10,000 such claim can be brought in the Small Claims court that is local to your brother's residence (I am assuming that your brother also resides in California).

Small Claims courts are relatively easy for a person to navigate through and your son does not have to have an attorney to represent him in his lawsuit against his uncle.

I wish you the best of luck!
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