If a deceased parent left a child money but the child was underage at the time, is it legal for the living parent to take the money for themselves?
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If a deceased parent left a child money but the child was underage at the time, is it legal for the living parent to take the money for themselves?
Asked on June 26, 2014 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss and for the situation. When you say "take" what do you mean? And was the money left in a Will or Trust with "terms" like "for education only" or for the "care" of the child? Was the living parent deemed the trustee of the account? Obviously the parent should not squander the money left to the child but if they were left as Guardian and or Trustee of the account and they were left the discretion to use it for bringing up the child -food, clothing "necessities" - then they could have used it with in their power. Have some one look at the documents involved. Good luck.
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