If my granddaughter’s father was killed in an accident last week and had just inherited money, how can we make sure that money goes to my granddaughter?

His mother who lives in OH, which is where the accident happened, is now

controlling everything and has closed the showing to include only the people that she wants. We feel that she will try to take the money that is rightfully my

granddaughter’s. There are no other children involved. We aren’t sure whether

to look for counsel here in TX or where her father lived and the accident happened. We’re trying to get some kind of direction for this matter.

Asked on September 14, 2016 under Estate Planning, Texas


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

Answered 4 years ago | Contributor

If the father lived and died in Texas, then the father's estate would need to be probated in Texas.  If you have a concern that the mother of the child will misappropriate funds that were intended for the child, then you need to have the father's estate probated and have someone else manage the funds for the child.  Start by talking to a probate attorney.  If this mother is 'controlling the view', there may be other emotional issues that she is suffering from... and you may need to discuss the emotional health and safety of the child with a family law attorney to insure that you have at least some ongoing access to your granddaughter.

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