Can a trustee keep from giving a inheritence?

My grandfather passed away about 4 years ago and my sisters and I
haven’t been givin our portion of my grandfathers house. My uncle says
he will just leave the money in escrow for ever. Besides other sad
events I just need help to figure out if there is anything I can do.

Thanks for any help

God Bless

David

Asked on July 6, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to get an attorney to push the probate of your grandfather's estate.  The probate court can set time lines on the distribution of gifts as long as the time line is consistent with any will provisions.  This means that the will controls who gets what and when. If the will sets up a trust that says you don't get the funds for a certain number of years... then the will controls.  If the will is silent as to when the funds are to be distributed, then the court can set that timeline.  If no will exists, the the probate code will determine who gets what and when.
You are having issues because you are hiring a Texas attorney.  Texas attorney's are not automatically licensed in Missouri.  You need to hire an attorney in Missouri to assist you.  They will be more effective because they will know the required procedures to push the probate along, and demand an accounting of funds if need be.


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