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When I was 4 my mom and I were in a wreck and won settlement.My grandpa put that money in a trust and she spent it when I was 19

Irving, TX |

I'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?

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Attorney answers 6

Posted

You should immediately contact a local attorney. You may have a case against your mom ( if you want to go that route) depending on what the original judgement was!

Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Posted

Very sorry to read this post. It is highly unlikely that this is what happened. Gather all the information you can and perhaps contact the attorney who handled the matter. Keep copies and records of everything. You may be able to unravel here. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Posted

Contact a lawyer as soon as possible to review the matter.

Posted

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!

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

Posted

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.

Posted

Well, it sounds like it went to good use, but if you don't mind tension at holiday dinners, you can get a local lawyer involved to investigate.

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