What can I do if my mom took my inheritance to Mexico?

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What can I do if my mom took my inheritance to Mexico?

She was set as my legal guardian but I turned 18 a few days ago and I discovered that she flew to Mexico with the money. What action should I take?

Asked on September 23, 2013 under Estate Planning, Idaho

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

It depends on what you mean when you write "my inheritance." If you mean your mother's money that you expect her to leave for you when she passes, then there is nothing you can do. That money belongs to her and she has no obligation to pass it on to you.

If you mean you received an inheritance from another relative, and your mother was appointed as trustee or guardian of that money for your benefit, then she has breached her fiduciary duty to you and you can take her to court over this situation. In that case, you should talk to a local probate lawyer or trust and estate lawyer right away, before she spends all of the money.

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

It depends on what you mean when you write "my inheritance." If you mean your mother's money that you expect her to leave for you when she passes, then there is nothing you can do. That money belongs to her and she has no obligation to pass it on to you.

If you mean you received an inheritance from another relative, and your mother was appointed as trustee or guardian of that money for your benefit, then she has breached her fiduciary duty to you and you can take her to court over this situation. In that case, you should talk to a local probate lawyer or trust and estate lawyer right away, before she spends all of the money.


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