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My Daughter has a settlement in Florida that she can get when she is 18 We live in Texas

Austin, TX |

and would like to have the money transferred to her savings account here in Texas.
Her father is the guardian of the account but they have not talked in years.We have the court case number but do not have any of the account information.
Would prefer not to have to go to Florida if we can aviod it.
Thank You

Attorney Answers 2

  1. Best answer

    A minor might receive funds for any of a variety of reasons, and it isn't all too clear why your daughter is entitled to funds in this case. The "settlement" could be from an injury claim or some sort of inheritance. With a court case number in hand, you can do some investigation yourself. The Clerk will copy and mail to you any part of the file you'd like to have, so long as their fees are paid.

    If her father has been appointed as her guardian, most states require annual accountings of property under a guardian's management. That information will be in the file. If some other mechanism was used, like a trust, you will likely find the terms of the trust that the Court created.

    In any event, I'm not sure how old your daughter is. If she's not yet 18, then it's unlikely the money could be moved. If she's turning 18, her guardianship might end, or the terms of the Trust might direct that the Trust terminate. At that point, her father is likely obligated, whether as her guardian or trustee, to deliver the funds to your daughter.

    I'm assuming that the court and case number are for a case in Florida. If so, you need to contact an estate planning or guardianship attorney in that area to look into the issue and develop some more facts.

    This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make no attempt to opine on matters of law that are not relevant to Texas. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship.

  2. In addition to the perfect advice above, many courts have online access to the court records. It may this matter is too old to be online but it is another option. Easiest thing is to write to Dad who has custody and ask about the account. If she is nearing 18, he can work with you or her to get the money to Texas, or write a check for it. If she is still a way away from majority, then there is no reason he has to move the account to where you live. You can ask for account information too when you talk to him.

    Contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville, California 94526-0008 Legal disclaimer: I do not practice law in any state but California. As such, any responses to posted inquiries, such as the one above, are limited to a general understanding of law in California and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as legal advice can only be provided in circumstances in which the attorney is able to ask questions of the person seeking legal advice and to thus gather appropriate information.

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