A friends Dilema. Your thoughts??

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moonmist

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A girl that I work with seems to be in a dilema. When she was 16 she was hit by a car and received a settlement of 8 thousand dollars. The check was in her name and her mother deposited it into an account for when she got older. She is now 18 years old and is moving out on her own, the relationship between her mother and herself is a bit strained and she just wants to take what is hers and get a place of her own. Well of course Thea told her Mom that she wants her settlement money as well and will be on her way. Her Mother refuses to give her the money, saying it is for her schooling and until she goes to school she cant have it. Thea has no desire to go to University at most she says becoming a Hair Stylist is what she has thought of and agrees that she will keep money aside to do so. Now, the question is.......... since her name isn't on the account, how can she claim the money that is rightfully hers?? Does she have any legal leg to stand on?? OR.... Is her mother in total control?? Any suggestions??


Personally, I told her, I think her Mom spent some, if not all of it, and she doesnt have a prayer.
 

Shadow Bea

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Gibble said:
I'd talk to a lawyer...
I aggree ^ have her gather any evidence that the claim was for her accident then take it with her when she sees the lawyer.



.
 

moonmist

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OK..... not sure if she can afford one but, if she has some proof then it will be worth her while.
 
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She should be able to get at least a free consultation...to determine if she has a case.
 
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Gibs so smart.. yup... id say go for the free advise.. as long as all is said.. more then likely she wont have to pay till she wins.. and when she wins it will comeout of her winnings :)
 
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Since she was under legal age at the time of the settlement, she was not able to legally enter into any type of legal agreement. Her mother at the time was her legal guardian and had the legal right to do as she pleased with the money unless there was documentation in the form of a trust stating otherwise. It doesn't sound like she has a legal leg to stand on.

The fact that her name is not on the account where the funds were secured is a strong indication that no such trust was in effect. If the account was named, mother for daughter, she might have had a chance.

Your friend needs to realize that the funds were never hers to begin with, they were given to the guardian for her support. By trying to extort the funds from her mother, she is only excommunicating herself from her family and making a fool of herself in the process. Furthermore, a minor cannot enter into a legal agreement of any type, therefore she didn't persue the lawsuit, could not serve as the plantiff, and is entitled to no reward.
 

moonmist

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gotrootdude said:
Since she was under legal age at the time of the settlement, she was not able to legally enter into any type of legal agreement. Her mother at the time was her legal guardian and had the legal right to do as she pleased with the money unless there was documentation in the form of a trust stating otherwise. It doesn't sound like she has a legal leg to stand on.

The fact that her name is not on the account where the funds were secured is a strong indication that no such trust was in effect. If the account was named, mother for daughter, she might have had a chance.

Your friend needs to realize that the funds were never hers to begin with, they were given to the guardian for her support. By trying to extort the funds from her mother, she is only excommunicating herself from her family and making a fool of herself in the process. Furthermore, a minor cannot enter into a legal agreement of any type, therefore she didn't persue the lawsuit, could not serve as the plantiff, and is entitled to no reward.
Ahhhhhhhh.........now that does sound bad :( ........ but informative. Thanks !!!
 
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On the other hand, to bring any lawsuit, it first must be shown that damages were accrued. If the daughter can prove that she was, or is being injured, by her mother's lack of support, then she can bring a lawsuit against her mother for damages due to such lack of support.
 

moonmist

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THoey said:
Sounds like a case for Judge Judy!

http://www.judgejudy.com/home/home.asp
Thanks Terry..........LMAO....... I dont think Judge Judy cares about Canadian justice or lack there of !!! :p


ps........when can you change your sig........this "deh was right" thing is alarming and goes against all that i know to be true in this world ;)
 
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She could bring a incompency hearing against her mother if she felt her mother was mentally incapable.. I'm not sure what that would take. Also, if she was successful, the court would appoint a guardian for her mother's estate, which may not include the daughter.

Just to be on the safe side:
I, AKA screename Gotrootdude, shall not be held liable for any legal information given in this forum. I am not a lawyer and should not be considered an expert in legal affairs. The reader of such information assumes all damages resulting from the information and his/her actions resulting from his/her interpretation of the information contained.


Don't want to be arrested for practicing law without a liscense.. It may sound strange, but it does happen..
 
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