What can my husband do to receive his inheritance when his father is holding it hostage?

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What can my husband do to receive his inheritance when his father is holding it hostage?

About 3 years ago, my husband’s grandmother passed away and left him an inheritance. His father is the executor of the Will. His father took my husband’s portion of the inheritance and put it in a bank account in his name. He told my husband that he would not give the money to him until he finished school. My husband graduated from school several months ago and his father still will not give him the inheritance. His father seems to be holding it hostage in order for us to do what he wants us to do. These conditions were not laid out in his grandmother’s Will. What can he do?

Asked on May 4, 2012 under Estate Planning, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  His Father, as the executor of the estate, seems to be breaching his fiduciary duty and that can be very serious.  How you handle this, though, will effect the relationships here and so you need to be diplomatic.  Possibly speak with some one else in the family that has an influence on him and ask them to speak with him.  If that does not work seek legal help.  If the estate is still open you can ask for an accounting or help fom the court.  Good luck. 


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