If my dad spent my inheritance money, what canI do now?

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If my dad spent my inheritance money, what canI do now?

My Mom passed away 8 1/2 years ago. She had no Will. At the time of her death, she had money in an IRA and a good bit in checking. My brother and I asked our dad to leave our money in the IRA to draw more interest until we were ready for it. We recently went to get it out and our dad had already got it out and spent it.

Asked on February 29, 2012 under Estate Planning, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the money that was in the IRA account that you are writing about was yours per an inheritance left you by your mother and your father spent it, you may have a legal basis for a lawsuit against him for the use of the money. The caveat is that if you were under the age of 18 when your mother died and your father used this money for your benefit (food, clothes shelter and the like) you would not have a legal basis for an action against your father since you received the benefit of this money in kind.


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