My father left money for his children with a frien

[edooley]

What is the name of your state (only U.S. law)? Texas 2 years ago my father gave $30,000.00 to a friend and asked him to give it to his children upon his death. In September 2009 the friend told me & my brother that he invested the money @ Edward Jones in his own name. My father died in January of this year and the man said on 2 different occasions that he was getting the money and needed the childrens information(addrsses & such). He was given this in January and we have not heard from him since. There is no paperwork concerning this money that I am aware of. There is a will and this man is the excutor however there is no mention of this money in the will.

 

[curb1]

The money is his (the "friend"), unless he is willing to give it to you.

The "man" doesn't become executor until designated by the probate court. What other assets are involved beside the $30,000?

 

[edooley]

There is a will that lists his home and all other real property as being left to his wife & 5 children.

 

[curb1]

January until now is not very long. If this friend is ok, then it still might be some time before you hear anything. It certainly wouldn't be inappropriate to give him a call to see how things are going. You could do this by asking if he needed more information. There should be no reason for him to be playing games with you. What do the other children say about this? Does anyone know this "friend"?

Do you have a copy of the check that your father gave the "friend"?

 

[edooley]

Me & my brother have met him once. They went to the bank together and he withdrew the money so I am not sure how it changed hands. I think I will take your advice & just give him a call.

 

[curb1]

I guess "wife & 5 children" are your step mother and step siblings? Or, are you and brother part of the "5 children"? How is "wife" dealing with this? Are you on good terms with "wife"?

 

[edooley]

no step children just step mother & me and my 4 siblings. I have not talked to her since my dad passed. He did not want her to have any of the money according to the friend. He left the house & other belongings to her & the 5 of us with the understanding that she could live in the house the rest of her life.

 

[curb1]

When you talk with the "friend" ask him how the probate process is going? Was the will drawn up professionally, or informally? There are some red flags popping up. How was the house titled (you said, "his home")?

Are you, and siblings, expecting to be co-owners of this house with mother?

 

[edooley]

The house is titled in my dad's name. You are right about the money belonging to the friend. He told my brother 2 weeks ago that he went ahead and deposited the money into the estate account which is the reason my dad gave it to him in the first place so it wasn't a part of the estate. Then he has told us several times over the past few weeks that he was going to have checks in the mail the next day and that has never happened. Today he played character assanation on me saying that he had my fathers money becuse my dad couldn't trust me which is nothing but a lie. I have never done a thing in 48 yrs., that would make me untrustworthy. In September when I confronted him and inquired why he had my dads money he said it was to protect my inheiritence form my dads wife. He is a habitual liar. I will have legal counsel by the end of the week and he said if I retained an attorney he wouldn't work on a thing and it would take me forever to get anything. Wonderful exuctor, huh?

 

[curb1]

The big question is, "Has probate been started?". If not, you can start it. He isn't the executor until given that status by the probate court. That might force his hand.

I'm guessing that you will never see the money. Was there any debt involved with the house? What is the total value of your father's assets?

Who is living in the house now?

 

[edooley]

Everything I know I have had to go on the county records website & research it myself. He will not tell me anything. It looks like from the website that probate has been started and there was a $250.00 fee paid. He told me today that he had no idea how much money was in the estate account. I said $10.00 or 10 million and he wasn't sure. I am under the impression that my dad's wife lives in the house but I really wouldn't know that for sure and I don't know if she lives there alone or not. My dad was retired navy and he said that a government check went into some account in February and now that has to be repaid.

 

[curb1]

Do you live close enough to attend the probate process?

 

[edooley]

I live about 2 & 1/2 hours from there. However up to this point I am not being informed and for all I know could already have taken place. After our conversation today I am sure I will really not know anything. You are completly right in stating that the money is simply gone. Would it help in the fact that he has now said to three family members that he has this money and that it does belong to my dad?

 

[curb1]

The problem is that the money doesn't belong to Dad. It belongs to "the friend". The friend now has the option to do with it as he pleases.

You asked, "Would it help in the fact that he has now said to three family members that he has this money and that it does belong to my dad"?

Maybe someone else has an opinion, but I don't think it helps.

 

[Dandy Don]

The bottom line is that it was very irresponsible of your father to have turned over the money the way that he did, with no written documentation. The friend CAN keep the money if he chooses (so just face this reality and do not expect to ever get it back--his character shows he is unscrupulous with no morals). IF he was telling the truth about depositing it into an estate account, then there will be documentation of that. Let your attorney handle everything from here on out.