Back when my husband was a child there was an accident which led to him receiving X-amount of money. His father then put it in a trust fund for when he was of age. The father and son both have the same name with the exception of the jr/sr part. When my husband turned 18 his father visited him saying the money was in an account but refused to say what bank/lawyer. He turned around and tried to bribe him into doing what his father wanted, but my husband wanted to run his own life. The trust fund has grown to 6x the amount it was originally. His father has zero money problems, in fact he could probably help out a few charities if that gives you an idea about how much he has. My husband is now close to mid-twenties and no luck on finding the money. Can we get it if he did steal it?
I am sorry to hear that your husband feels his father has acted dishonestly. Does he have any documentation regarding the original settlement/judgment? Perhaps he can start by contacting the attorney that represented your husband's interests in the accident.
If he feels there's enough money involved to pursue this, he may wish to hire an attorney there in Texas to advise him about his rights. It may be worthwhile to pay a reputable attorney a consultation fee to get an opinion before proceeding.
I wish you the best of luck in the matter, and I hope someday your husband and his father can reconcile.
Thank you for submitting your question to avvo.com - where you can get answers to your legal questions from practicing attorneys in your state and across the country. The information contained in this response is intended for educational purposes only and does not constitute legal advice. No lawyer-client relationship is created between you and I as a result of my answer to your question. You may wish to receive legal advice by hiring a competent attorney. Be careful to hire someone knowledgeable in the field pertaining to your question, and someone who is admitted to practice in the applicable state. For example, if your question concerns a Michigan estate or trust, a Michigan lawyer would be appropriate in most circumstances regardless of where you live.
Under Texas law, your husband as beneficiary of a trust has unwaivable rights to be reasonably informed as to the terms and administration of the trust and to request a formal accounting from the trustee. If (and that's a big "if") it turns out that the trustee has committed some sort of malfeasance, your husband MAY be able to have him removed as trustee, surcharged personally for any losses, and perhaps even recover the attorney fees and costs for doing so. (This is of course assuming that the trustee has asset of his own to recover.)
But the EXERCISE of those rights by your husband should always be considered in light of: (1) the family relationships between the trustee and any other beneficiaries; and (2) the trustee's other powers under the terms fo the trust or other estate planning documents that may be in play. To put it simply, your husband needs to consult an experienced attorney in the state where the trust is being administered right now who can look at the trust instrument, as well as all documentation (e.g., tax returns, account statements, correspondence) that HAS passed between them, and fully apprise your husband of his options and potential outcomes BEFORE making any formal demands.
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