My husband's grandmother gave out quite a bit of money this year for Christmas. My husband's check ended up being for $12,000. His mom has the check in her possession, and will not give it to my husband. The check is made out from my husband's grandmother to him. His mother took him to the bank and tried to get him to sign the check over to her. She told him that she was going to put all $12,000 in a savings account in her name so he couldn't have access, and said that he couldn't have any of it. My husband refused to sign the check obviously, but she still has it. My husband and I are both deploying to Iraq in 2 days. She is mad that he didn't finish college this semester, and that's her reasoning to try to take the money. Some of the money could be used right now so we don't have to worry about paying bills online while deployed. She is a lawyer and a judge, but my husband and I are curious. Is it legal for her to hold a personal check from my husband's grandmother to him?
2007-12-13 05:04:57 · 12 answers · asked by Anonymous in Family & Relationships ➔ Family
We only have 2 days to figure out what to do about the check. We will deploy and the check will eventually be void.
On an side note. We moved out of our apartment yesterday and she said we could stay at her place. When he didn't sign the check over, she kicked us both out and told us to find transportation to somewhere else to stay for 3 nights til we deploy. She took away the jeep that my husband drives which is still in her name from years ago. So we had to get a friend come get us and bring us to a hotel. Nice, huh?
2007-12-13 05:05:15 · update #1
can you go to the grandmother and have her direct deposit the money into yalls acount or something? I don't think that is is quite legal basically she is holding a possestion of your husbands for hostage and that possesion is worth more then 900$ so it could be felony. But i don't think you are going to get a judge or even a cop to listen to you about this.
2007-12-13 05:10:53 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Technically, no, she isn't allowed to keep the check - UNLESS she has some sort of power of attorney from the grandmother. If the grandmother is old and of questionable mental state, then the mother may have some sort of power of attorney so she can handle the grandmother's financial and legal matters for her. So if the mother is the trustee of the grandmother's account, and she believes the grandmother was not in her right mind when she wrote the check, or the intent of the transfer was not clear, or that she was pressured into writing the check, then yes, she might have some legal right to withhold the check.
Your husband should ask your mother to sit down with him and the grandmother, and discuss the matter calmly. He should ask the grandmother directly what her intent in writing the check was, and if she has any objections or caveats about how he spends the money.
He could also just explain the situation to the grandmother, have her stop payment on the original check, and then just write him a new check and hand it directly to him.
2007-12-13 05:24:34 · answer #2 · answered by teresathegreat 7 · 0⤊ 0⤋
You cannot legally withold funds that are not yours. Your mother probably thinks it's okay that you will not seek professional advise from this since she is a lawyer and judge. She knows what she's doing is not right. I would just ask your sweet grandmother to void the check and reissue one that you can use. I'm sure that she will understand. Then the check that your mother has will be no good. GOOD LUCK!
2007-12-13 05:24:51 · answer #3 · answered by ~Sara~ 5 · 0⤊ 0⤋
no-this is not legal. It is theft. I would file a police report immediately.
She has no legal right to keep your husband's property from him, whether that property is cash, check, or a physical object that he owns. Her anger at him for not finishing college is immaterial. If she feels he owes her money she should go through proper legal channels to obtain it (small claims court).
Seriously, don't wait. Get your grandmother to stop pay the check and reissue it. And swear out a complaint. This is seriously fraudlant.
2007-12-13 05:12:58 · answer #4 · answered by cyranothe2nd 4 · 0⤊ 0⤋
Simple solution... Have him call his grandmother andhave her cancel her original check and write new one. This time, tell him to keep it from his mother. She sounds like a shady mother because if she had his best interest at heart, she wouldn't have kicked him out of her house over the check...
You two are deploying to Iraq, she's trying to get over on the both of you, don't let her do it.
2007-12-13 05:11:34 · answer #5 · answered by kskate2jbs 4 · 1⤊ 0⤋
Friendly person isn't she?
It's not your husband's fault he doesn't graduate this semester. It's the Military's fault for deploying him!
Have your husband call this grandmother and tell her what his mother has done with the check meant for him. Maybe she will void the check and give him a new one.
2007-12-13 05:10:29 · answer #6 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 1⤊ 0⤋
I would talk directly to the grandmother. Have her stop payment on that check and have her issue a new one and hand it directly to you or your husband.
your mother-in-law isn't a very nice person or at least has a lot of issues she's taking out on you, but sometimes to keep family feuds from starting or getting worse, you just have to let it go and handle it from a different angle.
2007-12-13 05:12:16 · answer #7 · answered by scoop 5 · 0⤊ 0⤋
if it's 12,000 should have just had a stop payment on that one and gotten a new one directly from the grandmother
it's not illegal if you can't prove it.....
if you can prove she TOOK the check physically from you, your husband, or your property/possesion then yes it is theft. If it was left over there and she refuses to give it back it's a grey area.....
2007-12-13 05:07:42 · answer #8 · answered by Brad R 5 · 1⤊ 0⤋
Yes, it is. Call the grandmother and have her wright another check or have her direct deposit into his account. His mother can't do anything with that check if she does she'll go to jail, no matter what she is. My heart and thoughts are with you and your husband on your deployment.
2007-12-13 05:10:10 · answer #9 · answered by eeyore6838 5 · 1⤊ 0⤋
ok call the newspapers and TV stations and tell them about it also military legal affairs can help you and tell granma to stop payment on check and ask her to write another and send it to him when he deploys and he can deposit it in credit union..if she is a judge she will get in all kinds of trouble for holding on to check but you must get it out there so people will know how she is.....
2007-12-13 05:13:54 · answer #10 · answered by Anonymous · 0⤊ 1⤋