I believe my mother committed fraud.

San Diego, CA Viewed 70 times. Posted 9 months ago in Fraud

I just found out today that my sister and I had college funds set up for us when we were born by our father.

Our father died (in 1985)when we were teenagers after our parents divorced.

My mother then forced my sister to sign over her college fund. She was only 16 then. I never knew of these college funds.

My mother told my sis that she would forge her name if she didnt sign it over. She may have done that with mine because I never knew of a fund.

How would I go about finding out if the fund still exists?

Both of our parents are dead and I am now in my 30's. If it is still in existance I would use it to go to college as I have always wanted to but couldn't afford it. - Is this your question? Add additional information

Answers (3)

Brian Richard Dinday

This attorney is licensed in California. Posted 9 months ago.

I'm sorry, but I really don't see this going anywhere. Your mother was evidently a thief if your sister is telling you the truth. She would not have strong armed her own 16 year old daughter into signing if she did not intend to take the money and use it. It is most probable she did just that. Next, you don't know how much the fund was. you could spend as much as it ever held just trying to track it down after all this time, only to find it was all spent long ago. Lastly, why didn't your sister ever tell you this before now?

Have you considered the possibility that your sister is not telling you the truth? If she IS telling the truth, why would she have kept this trust secret from you all that time? Who was executor of your mother's will? Your sister? Did you ever see a formal accounting? Was there any money or property in her estate? If you have any doubts about what your mother had when she died, you should go to the courthouse and check for probate records. They'll have to pull them out of storage, but they'll still have them probably.

My last thought on this: whatever you find, it is not going to help you.

Keith

Posted 9 months ago.

Look at your father's probate file to get a complete understanding of how the estate was handled. You may then want to consult with a business law attorney or probate attorney to find out your rights, but they have probably expired due to a statute of limitations. If there is no statute of limitations on fraud then you may be able to sue her for the return of the monies. Please don't give up on trying to find funding to go to college--if you talk to a financial aid counselor at any high school or college, there are many scholarships and grants out there that you will qualify for. tiekh@yahoo.com Probate Researcher

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted 8 months ago.

Fraud is actionable if certain elements of proof are established by the evidence. I agree with Mr. Dindley that this situation you describe is not headed anywhere. Beyond that far too many variables exist in the short post you wrote for any further observation by me.

Good luck.

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