Home > Research Legal Advice > Car / Auto Accident > When I was 4 my mom and I were in a wreck and won settlement.My grandpa ...
Asked 3 months ago - Irving, TX
FlagI'm not sure if the fund was a trust or what, but I found out about the account 2 weeks after she withdrew it. I found a letter from the bank addressed: her name then a weird word, then my name. I called the bank and inquired about the account. The bank informed me my mom withdrew the money 2 weeks prior claiming she paid for my college with it. And that it was an account that I couldn't touch until I was 21, if she had not just withdrew It all. She did not pay for my school and I never received the money. Can I do anything?
You need a lawyer to figure out what actually happened here. In Texas when lawsuits are settled that involve children, the Court has to approve the settlement on behalf of the minor child. You probably don't remember anything about it, but the money was deposited into an account for your benefit. It could have been deposited with the "registry of the court" or it could have been put into a "structured settlement" with payments that be made to you after you turn 18. There are many ways the original settlement could have been structured, but in all of those circumstances the money was set aside for you once you turn 18, and not for your mom.
You might have not a claim against the bank that released the funds to your mom as well as a claim against your mom.
The amount of money involved will dictate whether a lawyer is going to be easy or hard to find in this circumstance. Suing your own mother over a relatively small amount of money isn't something many lawyers are going to recommend that you pursue. Suing a bank for a large amount of money that was yours and was erroneously given to your mother is something almost any lawyer will want to look at for you.
Bottom line, you need to have a lawyer investigate the case for you, find out how much money was in the account, how the money originally was deposited into the account, and how your mother got the money out of the account without your signature.
Once you know all the facts, a good lawyer can help you with the decision on whether to sue mom or not. That's not a decision you can make without being fully informed.
Good Luck to you.
This is very unfortunate that your mom may have taken money that is rightfully yours. To help maintain any relationship that you may have with your mom, I would give your mom a chance to explain or return the money. If your mom does not return the money, you then have a decision to make ... take legal action against your mom or simply not do anything. That's a difficult decision because it may affect your relationship with your mom for the rest of your life. If you decide to take legal action, immediately contact a local attorney. I'm sorry you have to go through this. Good luck!
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