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?
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.
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
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