I'm not sure if i should go after him now or wait & let my child go after him when they turn 18yrs.
my child was injured by a dog & was given a settlement to be put in a trust fund intill his 18 birthday now he has nothing...
can i hold his lawyer liable in anyway for not making sure it was deposited in a trust account or would i just go after the father?
2007-10-29 20:48:34 · 18 answers · asked by Holly s 3 in Politics & Government ➔ Law & Ethics
Start now! These things can take years to get settled so start ASAP. That is just terrible! Get them both. The father could just run or go to jail & never pay. You should talk to a lawyer and see what they advise.
2007-10-29 20:51:05 · answer #1 · answered by char__c is a good cooker 7 · 2⤊ 0⤋
how in the world did that happen??
I also had a trust fund when I was little & just got it. As a child my lawyer had told me what to do, where to sign, what it was and when i'll get the money within this trust. by law, no one is allowed to touch the money, not even the child until they have turned 18 years.
I actually do think that you can hold the lawyer liable. The account should have been opened to the lawyer...parents are not trustworthy to put it into account.
I'm so sorry that this happened!! I really do hope that you get the money back somehow.
2007-10-29 20:54:39 · answer #2 · answered by :) 5 · 0⤊ 0⤋
If you have proof that this has happened, then go after the father. If his lawyer was supposed to put the money in a trust fund and didn't do that, then go after the lawyer too. You will have to prove that a trust fund was supposed to be set up and what the terms of that trust fund were supposed to be. And you have to have proof that the fund was not established.
Get a lawyer pronto.
2007-10-29 20:52:40 · answer #3 · answered by Richard B 7 · 0⤊ 0⤋
Mam, start working on this case now.
Seek legal advice tomorrow! Do your homework as well.
Were your husband & this so-called attorney in cahoots?
Seek out a new lawyer & find out if your new lawyer can prosecute your ex-husband & the previous attorney, for theft!
Since the funds are already gone, it doesn't make sense to wait around 'til your child is 18 to pursue this matter.
Long story short: If you pursue this case now, by the time your child turns 18, the funds should be recouped, by then.
2007-10-29 21:57:59 · answer #4 · answered by Sustagurl2 7 · 1⤊ 0⤋
By definition, a trust fund has a trustee--someone who is legally responsible to protect the money and see that it is spent for the purpose it was created.
If that was your ex, he is who you sue. If you do it now, you would be suing as "guardian ad litem" for your child, in his name.
As for the lawyer, he is probably not liable, but it depends on the terms of the original settlement and who was ordered to do what.
2007-10-29 20:57:57 · answer #5 · answered by raichasays 7 · 1⤊ 0⤋
You can cry over spilt milk. That's about it.
How would you NOT have known that the lawyer set the account up in the name of the father only????
I'd start with the lawyer,and a letter to the law firm, and if that didn't work, a letter to the law society.
forget the father..unless he has money. A lawyer has malpractice insurance.
2007-10-29 20:55:35 · answer #6 · answered by zanthus 5 · 0⤊ 1⤋
Hi.
Well your child did get hurt by a dog and got a settlement so you should try to get the money back.
If this money was taken away from him then you should go after the father.
Best of luck.
Any opinion you can reply.
furqani@yahoo.com
2007-10-29 20:56:54 · answer #7 · answered by Furqan 2 · 0⤊ 0⤋
You need to contact a lawyer. I believe that since the child is still underage, you can act on his behalf. You can sue your ex and try to get the money back.
2007-10-29 20:52:36 · answer #8 · answered by lordmisrule2004 4 · 0⤊ 0⤋
If I were you, I would get him now. My dad did the same thing however; I my mom did the trust fund for me. Anyways my mother always brings it up to my dad and he doesn't care. He's a total a** and my mom doesn't do nothing. well you get the picture I don't wanna give you my whole life story.
***Next time get savings bonds***
2007-10-29 20:59:46 · answer #9 · answered by ck_da_finest 4 · 0⤊ 0⤋
Get a lawyer now. Make sure you have all of your paperwork with you when you go to see him. The lawyer will tell you what you can do.
2007-10-30 00:33:39 · answer #10 · answered by Tyrian 2 · 0⤊ 0⤋