Now that I am an adult, how doI get land that was left in a Will whenI was underage?

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Now that I am an adult, how doI get land that was left in a Will whenI was underage?

There is land in my family that was left to my mother but since she had passed it went to myself and my brother. We were both underage at the time so my aunt dealt with all the legal side of, such as probate. When Iturned 18 I started asking my aunt for the information butshe wouldn’t give it to me. I’m now 23 and she still refuses to give me any information. What can I do to get what’s rightfully mine?

Asked on July 17, 2011 under Estate Planning, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to find out what was in the will or trust exactly and if it allowed your aunt to be the trustee /executrix and to have free reign over the estate, including the land. You need to find the original attorney who handled the matter and if it was a will, you can go to the county where it was probated and get a copy of all of the filings, including a copy of the will. From there, you need to demand in writing the information from your aunt and all the documentation that goes with it, the deed and such. If you have any information, try checking with your county registry of deeds to see how the property is deeded now and force your aunt to give over the information. If she is a trustee or executrix, she is in a fiduciary position and must give over the information or find herself personally at risk of a lawsuit by you and your brother. It could also be the will states you and your brother are not be given the land until you are 25, in which case you both need to hold on.


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