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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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my wife,her two uncles, came into some money from an inheritance.

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my wife,her two uncles, came into some money from an inheritance. The money was placed into an account until everything was to clear. The oldest uncle took all the money out of the account. How would my wife go about retrieving the money?
Thank you for your question. Please permit me to assist you this afternoon.

Was this an escrow account or a regular account? How much money is she entitled to? Did the uncle ever explain or state why he took all the funds?
Customer: replied 3 years ago.

Escrow

Lawrence,

Thank you for your follow-up. If this was an escrow account, how was he able to get the funds? Who was the escrow agent? How mcuch did he remove and on what basis?
Customer: replied 3 years ago.

he was the power of attorney, the amount was approx. $40,000. I would have to get back with you about the escrow agent. He had given us $5000 at one point and said that we could not withdraw anymore until the lawyer was paid.

Lawrence,

Thank you for your follow-up. A power of attorney would indeed allow him to remove the funds. My only concern here is 'why' he removed the funds. If he removed them to pay attorney fees or other expenses, then his removal is both valid/legal and permitted. If he simply removed the funds because he could (as he had a POA), that is not permitted because your wife had a right to a third minus all expenses owed. The amount she is owed would then be likely higher than small claims, meaning your wife would need to retain counsel and sue the uncle in either probate court or district court for her share of the funds, plus court costs and attorney fees.

Good luck.

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