The probate lawyer that handled my father's estate was supposed to send a check to my son (15) and instead claimed she didn't

where to send it so she put it in to a trust account. it's $300 and she did not ask me if that was okay to do. I am his mom and also the daughter of the man that died. Can she decide to do that on her own?
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Answers (2)

Janet Lee Brewer

Janet Lee Brewer Avvo Pro

Contributor Level 7
Whether she can or can't is irrelevant at this point. She did it. Tell her that she now knows where your son is, and that she should send the check to you as his guardian or that she should set up a custodial account (UTMA/UTGA) with a bank and name you as the custodian. Send the letter certified, return receipt requested. If she refuses (and does not have a valid reason for refusing), you can report her to the state bar association.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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Steven J Oshins

Steven J Oshins

Contributor Level 4
The lawyer is almost certainly just being careful. Now he/she knows where tosend it and must do so.
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