How can adult children get money being held by their guardian?

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How can adult children get money being held by their guardian?

My parents passed away in 1994 and left my brothers and I behind. They left us money and our guardian at the time was my aunt. So in order for us to get ahold of that money she has to sign it out to us. We are all over the age of 18 now and want these funds. The problem is that she now stays in New Zealand and we can’t get the money unless she comes and signs it out to us. I need to know what I can do to get our money?

Asked on April 14, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

More information is needed here to help with trying to figure this out.  Was the money left in a trust with your Aunt as trustee or was it just left in accounts for you with your Aunt as signatory?  Either way you need to get a hold of the documentation, either the trust document or the account information.  You need to have yourselves declared as adults in th majority and to dissolve the trust agreement or transfer the accounts to you.  Your Aunt - living in New Zealand or not - should be able to execute the necessary documentation and send it to you.  I would consider speaking with an attorney in your area once you have all the documentation.  Good luck to you.


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