Tuesday, November 22, 2011

Legal advice?

Hello I am 17 years old from Westmorland County Pennsylvania. I need some legal advice, about 6 years ago I was given a settlement for pain and suffering for an injury I recieved. I found out recently that it was taken out of a savings account or some type of an account where it was suppossed to stay until I was 18. I found out that it was my step father who had taken it out and had bought vehicles with it. He and my mom are now in the process fo getting divorced. The settlement was 5000 dollars, which I was looking greatly to, so i could start off on my own once I turn 18. My question is what can I do? My mother and I have no money to hire an attorney. It was mentioned maybe pro bono could help? Also he was the one that took it out of the bank, but is there a way his high priced attorny could also get my mom in trouble if i were to go after this. He is a hateful man and would try any tactics to harm us.Legal advice?
I doubt very seriously that a court would have made a step-parent the trustee, a step-parent has no legal rights.





You need to get a copy of the judgement which is as easy as going to the courthouse, it is public record.





I am pretty sure that you will find your mother was the trustee and chose to place the funds in a joint account that your step-father had access to. Not much you can do there. That will be worth the time and cost for 5, 000.Legal advice?
Well if he was listed as the guardian of the trust, possibly, the stipulation allowed him to withdraw the money.


This tells me that he was planning a divorce many years ago.





You need to find an attorney and sue him for that money plus court cost, atty fees, interest.
I wouldn't say that you really need a lawyer.





I would think that you would just report this to the proper people.





Get all of the information you have together %26amp; check with a small claims court.
i think what u have said is theft and if i was u i would go to the police or seek an advice worker he had no right to touch yr money
Without knowing who the custodian of the funds was there is no way that anyone can help you except to suggest you find out the specific terms of the settlement, who was appointed custodian of the account and under what theory of law did the step-father suppose he had the right to the monies.





When a minor is given a settlement (accident or other) such as this, legally although it is awarded to the minor, because they have not reached the age of majority, a custodian or trustee is appointed to care for the funds until the minor has reached the age of majority.





That's where you need to start.
He is a theif and tell your Moms Lawyer to pursue getting your money back as part of her divorce settlement!

No comments:

Post a Comment