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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116818
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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If you are a minor And one parent military And if the child

Customer Question

If you are a minor And one parent military And if the child is with the military parent And the parents may possibly be divorced and the parents may be possibly reconciliating and the military parent dies the minor becomes grown and feels that none of the benefits from the military parent's will has never been received how can they concur the truth
Submitted: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to look at the clerk of the probate court's office where your father died to see if probate was ever opened in his name. Also, you would need to have a bit more to go on about your father leaving you "well off" such as a will or proof of bank accounts. If you have such proof and if your mom and your dad were divorced, then you were the sole heir (even if they were not divorced, you were entitled to at least 1/2 of what your dad left as his heir), then you would have to sue your mother to return the money to you and return all money she may have had control over for you when she had the guardianship as well.
Unfortunately, the burden of proof legally is that you have to show she had the money that she was not entitled to or that she improperly spent money she was entrusted with for your benefit.

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