My husband is incarcerated his mother has an estate set up through the courts after a personal injury lawsuit here in New York. The court's appointed a law guardian who decided his money should go in an escrow account until his release which is over 2 years away. He needs his money now to live for an attorney etc what recourse do we have?
Obtain a copy of the court order and show it to a trusts and estate attorney. Depending on the nature of your husband's needs and wishes, he may be able to use some of the money in a manner consistent with the order. Also, if the order is not drafted in a way that allows the guardian ad litem to release any funds, your husband may be able to petition the court to modify the order so that he can use some of the money.
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