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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

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Attorney answers 2

Best Answer
Posted

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.

Asker

Posted

she won the money from an insurance company when she was attacked by dogs at 6 years old.Her legal father sued and also won gaurdianship over the money but he has only saw her about 6 times in her entire life.Thus the issue.We don't know where he is or how to even get the money.All we do know is for him to spend any of it he had to ask the court for permission so we are in hopes that it is still there.She is going to be 18 in June and she does not want to go to Florida to get it. She wants to just transfer the money to the bank account she already has.She knows he feels like some kind of hero and may ask for money when she get this for all his hassle of taking care of it...He has never even paid childsupport so she feels she does not even want to give him the time of day....She would rather do this without him

James Brian Thomas

James Brian Thomas

Posted

It isn't likely that your daughter would need to physically be in Florida in order to obtain what she already owns. As mentioned, you need to learn more about how her father was appointed to safeguard the funds to begin with. You need to know the terms of his management authority and what he is required to do when your daughter turns 18. A lawyer cannot tell you this based simply on your recollection of the events. A court has already ruled on the issue and set a mechanism in place. Learn more about that mechanism, and you'll know what your next steps need to be.

Asker

Posted

We are looking for some one to do that for her...If you have the time I would love to talk to you..I have the court case number and a summery of the court case to date but because she is a minor there is not much inforamtion on line.All we know is that his gardianship ends at 18 .As far as we know he has not spent any of her money,but if he could without us knowing it would be gone.So this is all the questions we have and what we need to get done as she wants to use this money for College.If you can help Please let me know...We are kind of lot...Thank You

Asker

Posted

"We are kind of lot"...Not sure how that got in there lol sorry .....

Asker

Posted

Learning the site..sorry ,I see your from Dallas..becuase your spending your time here I will spend my time getting there...Let me know how to reach you so we can set up an appointment..Thanks Again..Michelle

James Brian Thomas

James Brian Thomas

Posted

I realize that you and your daughter live in Texas, but you really need to seek the advice of an attorney licensed in Florida, assuming that is where the court you have information about is located. While I could tell you all sorts of things about how similar matters work in Texas, I have no idea how they might work in Florida. If you like, you might consider searching this site for guardianship and estate planning attorneys that practice in that county. Best of luck.

Posted

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.

Asker

Posted

she won the money from an insurance company when she was attacked by dogs at 6 years old.Her legal father sued and also won gaurdianship over the money but he has only saw her about 6 times in her entire life.Thus the issue.We don't know where he is or how to even get the money.All we do know is for him to spend any of it he had to ask the court for permission so we are in hopes that it is still there.She is going to be 18 in June and she does not want to go to Florida to get it. She wants to just transfer the money to the bank account she already has.She knows he feels like some kind of hero and may ask for money when she get this for all his hassle of taking care of it...He has never even paid childsupport so she feels she does not even want to give him the time of day....She would rather do this without him

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