How should we go about this?

UPDATED: Sep 30, 2022

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How should we go about this?

A grandmother still alive made a Will out in a lawyer’s office. In part of the Will it says that her youngest child was responsible for $20,000 and he would hold on to it in a bank account until the youngest grandchild turned 21 or when she passed and her 2 grandchildren could split. Here we are, and the youngest has reached 21 but the son has used the money instead of holding on to it for the grandchildren like his mother had said. What kind of legal action should be taken?

Asked on November 21, 2016 under Estate Planning, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The beneficiaries can sue the son for conversion (theft in a civil case).  Their remedy is to seek a  constructive trust which would require the son to return the money to the estate.  If the funds were used for any acquisitions, the constructive trust can trace the funds to the purchased items and return the items or their value to the estate.

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