Can a minor child sue former guardians for theft once they turn 18

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megslachlan
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Can a minor child sue former guardians for theft once they turn 18

Post by megslachlan » Sun Feb 07, 2016 3:40 am

I just turned 18. When I was 9 my father died. He had a large estate and a $2.5 million life insurance policy in an irrevocable trust. Also, my mother had her own irrevocable trust valued at $2 million. My mother turned over the executor title of my father's estate to my grandfather (her father) to administer. [Personal information removed by admin LadyGeek] Also, since I was a minor when this happened do statute of limitations start at 18? I have all the evidence. My mom kept every document. He has admitted to this in depositions, hearings, etc. Please help.

Leeraar
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by Leeraar » Sun Feb 07, 2016 4:21 am

Wow. This is the kind of thing I, as a parent worried about so much with my estate and my kids. Luckily, they are now grown and we are still alive.

I am not a lawyer.

Check the documents to see if they required any sort of audit or agreement by a bank or such authority.

I do not know if there are lawyers who do such cases on a contingency basis. Others will chime in.

Reading your side of the story, it seems there may be grounds for a criminal complaint. IMO, and IANAL.

L.
You can get what you want, or you can just get old. (Billy Joel, "Vienna")

Leeraar
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by Leeraar » Sun Feb 07, 2016 5:12 am

Sure you can sue. That may get you some compensation.

But, you can also file a criminal complaint, which may send him to jail.

I am really not qualified to comment on the specifics. You should spend as much time as you can gathering documentation. Get your story straight.

You, and your Mom, have my utmost sympathy. It seems that funds intended for your benefit were plundered by her father.

L.
You can get what you want, or you can just get old. (Billy Joel, "Vienna")

carolinaman
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by carolinaman » Sun Feb 07, 2016 8:21 am

Yes, you can sue. I am sure many attorneys would take this on contingency (their fees would come from what you recover). As someone else said, your grandfather has likely broken the law which could have serious repercussions to him. This could be a bargaining chip to get the money you deserve from him. Even though you are now of age, it may be worth talking to the Youth & Family Services division of DSS in your community. They can give you insight as to violations and mishandling of your situation and may give you advice as to attorneys who specialize in this. They may even open a case against him.

I think it is important to determine what laws your grandfather has broken. The threat of criminal charges would definitely strengthen your negotiations in this matter.

fposte
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by fposte » Sun Feb 07, 2016 9:54 am

carolinaman wrote:Yes, you can sue. I am sure many attorneys would take this on contingency (their fees would come from what you recover).
And often lawyers don't charge for an initial meeting--call some up and see if they'll meet with you. Bring your paperwork and see what they say.

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LadyGeek
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by LadyGeek » Sun Feb 07, 2016 10:23 am

This thread is now in the Personal Finance (Not Investing) forum (legal).

Could you please clarify your current status? In your post from Sep 18, 2012 [Help Requested] Generation Skipping Trust, 2nd paragraph:
I went on to get married and my husband did very well, so I had no reason to access the trust. A few years ago, my husband passed away and I was left with 4 small children.
The situation (age and marital status) does not align with what you've posted here.
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stoptothink
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by stoptothink » Sun Feb 07, 2016 10:38 am

I'd contact someone in Hollywood, this sounds like a movie plot.

supersharpie
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by supersharpie » Sun Feb 07, 2016 11:13 am

This all sounds rather implausible.

The bit about Social Security appointing the grandfather as his grandchildren's representative payee is particularly dubious. The agency would only have taken that action if the mother's parental rights had been terminated, had been convicted of certain felony offenses, or was deemed to be mentally incapable of handling her children's finances.

The poster appears to be making a series of misrepresentations.

Twins Fan
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by Twins Fan » Sun Feb 07, 2016 12:21 pm

From the link LG posted, it seems meg is the mom and made that post a few years ago and now one of her 4 children found this forum and account somehow to make this new post?? My best guess anyway.

From reading the posts, mom turning everything over to grandfather, and grandfather becoming guardian of the kids, it seems there has to be much more to the story than we're reading about. Either way though, this situation seems HUGE and is likely not something we can give any worthy advice on over a forum. Even the attorneys on here aren't likely to give much advice on this over the internet... other than say go see an attorney and what type to see.

Find a family law, estate planning, or whichever type of attorney to talk to and see what they say about it. If you're 18 now, you're not a minor looking into this. Or, are you meaning you would also get your younger siblings involved with this?

Where's mom at in all of this? Why not tackle this with her together? What ever came of the 2012 deal?

Leeraar
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by Leeraar » Sun Feb 07, 2016 12:58 pm

Twins Fan wrote:From the link LG posted, it seems meg is the mom and made that post a few years ago and now one of her 4 children found this forum and account somehow to make this new post?? My best guess anyway.

From reading the posts, mom turning everything over to grandfather, and grandfather becoming guardian of the kids, it seems there has to be much more to the story than we're reading about. Either way though, this situation seems HUGE and is likely not something we can give any worthy advice on over a forum. Even the attorneys on here aren't likely to give much advice on this over the internet... other than say go see an attorney and what type to see.

Find a family law, estate planning, or whichever type of attorney to talk to and see what they say about it. If you're 18 now, you're not a minor looking into this. Or, are you meaning you would also get your younger siblings involved with this?

Where's mom at in all of this? Why not tackle this with her together? What ever came of the 2012 deal?
+1.

Where's Paul Harvey when we need him? ("And now, the rest of the story ...")

L.
You can get what you want, or you can just get old. (Billy Joel, "Vienna")

supersharpie
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by supersharpie » Sun Feb 07, 2016 12:58 pm

Twins Fan wrote:From the link LG posted, it seems meg is the mom and made that post a few years ago and now one of her 4 children found this forum and account somehow to make this new post?? My best guess anyway.

From reading the posts, mom turning everything over to grandfather, and grandfather becoming guardian of the kids, it seems there has to be much more to the story than we're reading about. Either way though, this situation seems HUGE and is likely not something we can give any worthy advice on over a forum. Even the attorneys on here aren't likely to give much advice on this over the internet... other than say go see an attorney and what type to see.

Find a family law, estate planning, or whichever type of attorney to talk to and see what they say about it. If you're 18 now, you're not a minor looking into this. Or, are you meaning you would also get your younger siblings involved with this?

Where's mom at in all of this? Why not tackle this with her together? What ever came of the 2012 deal?
Perhaps I am jaded but I think it is more likely that the mother is posing as her child. The writing style and word choice exhibited in the two original posts are similar.

Twins Fan
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by Twins Fan » Sun Feb 07, 2016 1:02 pm

Could be... she's trying a different angle to get advice?

supersharpie
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by supersharpie » Sun Feb 07, 2016 1:10 pm

Twins Fan wrote:Could be... she's trying a different angle to get advice?
Perhaps, Mom also may be trying to force the child into a legal battle he or she doesn't want to fight. Hopefully the poster can provide a reasonable explanation.
Last edited by supersharpie on Sun Feb 07, 2016 1:13 pm, edited 1 time in total.

Thatthatisis
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by Thatthatisis » Sun Feb 07, 2016 1:13 pm

I am confused. OP is asking about whether she/he can sue, and says he can't afford an attorney. Yet at the same time, the OP refers to testimony taken from the grandfather in numerous depositions. How can you have depositions without some kind of litigation / court action?

supersharpie
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by supersharpie » Sun Feb 07, 2016 1:16 pm

Thatthatisis wrote:I am confused. OP is asking about whether she/he can sue, and says he can't afford an attorney. Yet at the same time, the OP refers to testimony taken from the grandfather in numerous depositions. How can you have depositions without some kind of litigation / court action?
I think OP lost her legal battles with her father and now wants to get a second crack at him through her adult child.

dbr
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by dbr » Sun Feb 07, 2016 1:29 pm

Get thee to a lawyer. This forum is no place for legal advice.


cookieid
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by cookieid » Sun Feb 07, 2016 4:23 pm

Perhaps I am jaded but I think it is more likely that the mother is posing as her child. The writing style and word choice exhibited in the two original posts are similar.
1+
I don't think an 18yr old can write that well.

livesoft
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by livesoft » Sun Feb 07, 2016 7:54 pm

Too much information. I suggest you delete your posts.

Find a lawyer. They can be found in the phone book or online.
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stan1
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by stan1 » Sun Feb 07, 2016 8:01 pm

Agree, delete your posts and talk to an attorney. You have a very specific situation that the internet can't give you legal advice on.

megslachlan
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by megslachlan » Sun Feb 07, 2016 8:08 pm

I am sorry for long post but it is impossible to ask question without giving information. Again, I gave you information because it will be near impossible to get a lawyer and I was just hoping someone could steer me in right direction. It is easy to say get a lawyer. If I thought I could I would.

livesoft
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by livesoft » Sun Feb 07, 2016 8:12 pm

You took classes in CJ. Talk to your teachers about lawyers.
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Re: Can a minor child sue former guardians for theft once they turn 18

Post by in_reality » Sun Feb 07, 2016 8:14 pm

megslachlan wrote:I am sorry for long post but it is impossible to ask question without giving information. Again, I gave you information because it will be near impossible to get a lawyer and I was just hoping someone could steer me in right direction. It is easy to say get a lawyer. If I thought I could I would.
What are your educational plans? I think you have to pursue that under the (hopefully incorrect) assumption that perhaps nothing will be recovered.

Also, take the info here down, keep your documentation carefully, and somehow see if you call sell your story.

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Re: Can a minor child sue former guardians for theft once they turn 18

Post by bayview » Sun Feb 07, 2016 8:20 pm

megslachlan wrote:I am sorry for long post but it is impossible to ask question without giving information. Again, I gave you information because it will be near impossible to get a lawyer and I was just hoping someone could steer me in right direction. It is easy to say get a lawyer. If I thought I could I would.
People are telling you to delete your posts for legal reasons.

Delete your posts. Now. Responses to your posts will remain for your use.
The continuous execution of a sound strategy gives you the benefit of the strategy. That's what it's all about. --Rick Ferri

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Re: Can a minor child sue former guardians for theft once they turn 18

Post by LadyGeek » Sun Feb 07, 2016 8:40 pm

I have removed sensitive personal information regarding the OP's situation. As bayview notes, the responses remain.

The OP states there are no funds available to pay for proper legal advice and is using this forum instead. While this is a tough situation, this forum is not to be used in place of proper legal representation. See the disclaimer at the bottom of every forum page.
No guarantees are made as to the accuracy of the information on this site or the appropriateness of any advice to your particular situation.
megslachlan - I have PM'd you the posts I removed.

Let's get you the proper help. Start with the American Bar Association's Pro Bono Directory - Florida.

Also: pro bono legal assistance florida - Google Search

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