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Phoenix, AZ |

when i was a child i received a structured settlement from a dentist injury and when i turned 18 i was supposed to get my money and it went to my moms account and i have yet to see any of it and i want my money. please help me out

Attorney Answers 3

Posted

This is somewhat complicated.

The money from your structured settlement was, obviously, intended for you. And more likely than not, your settlement was subject to court approval and a conservator was appointed by the court (perhaps it was your mom?). In any event, it is the conservator's legal obligation to oversee your property and protect it, and the court retains jurisdiction to deal with conservators who do not properly safeguard property.

Your case is puzzling because, now that you are at the age of majority and assuming it is indeed the time for your to receive settlement checks from the company underwriting the structure (i.e., those payments do not necessarily begin on your 18th birthday), those checks should have come directly to you and been made payable to you -- not your mother.

Have you contacted the structure company to find out where they sent your money?

If, indeed, your money was sent to the wrong person (such as your mother), you may have a claim against the structure company, the conservator and/or your mother for the return of the money. You will want to move quickly to figure out who has your funds and/or seek the court's involvement (i.e., you will want to file an appropriate motion with the court who has jurisdiction over your conservatorship). Perhaps a call to the attorney who helped you get the settlement in the first place?

Good luck.

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Asker

Posted

Yes I contacted them she received 12,000 deposit in her account on my birthday 04/23/2012 I have all the structured settlement papers and I called and thats what they told me

Asker

Posted

I just don't really no how to get my money because she won't give me it

Asker

Posted

I just don't really no how to get my money because she won't give me it

Asker

Posted

I just don't really no how to get my money because she won't give me it

Asker

Posted

I just don't really no how to get my money because she won't give me it

Asker

Posted

I just don't really no how to get my money because she won't give me it

Asker

Posted

I just don't really no how to get my money because she won't give me it

Geoffrey Trachtenberg

Geoffrey Trachtenberg

Posted

Well then you should contact the attorney who handled the underlying personal injury case, if possible, and/or seek court intervention to have the money turned over to you and to direct that all future funds are made payable to you. If you need help with this, my suggestion is an attorney by the name of Paul Theut (paul@theutlaw.com), who is very well-respected and does a lot of this type of work in Arizona. Feel free to mention my name to him, and good luck.

Posted

Ask mother where the money is.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Asker

Posted

I did she says shes not giving me the money

Asker

Posted

So thats why im here

Posted

I agree with my colleagues. The money should have been placed into a conservatorship on your behalf and safeguarded by the courts. Go down to the clerk of court and have them pull up your case. Review the court order to determine which bank the money was placed into and go from there. Good luck.

Verdura Law Group PLLC
http://verduralaw.com
602-421-0515

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Asker

Posted

And I did it was placed in her wells fargo account

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