Can I sue my grandfather?

[songstress1212]

New York City

Last week, I received a letter from the IRS stating I owed them back taxes from 2004 for a check I supposedly received for a little over 7 thousand dollars which I never received. I did some investigating and called the company that money supposedly came from. They told me that my grandmother had a joint account with my name and was putting money in it for my future. They said the money was taken out in 2004 by her and my grandfather. In 2004 my grandmother was already in an advanced state of alzheimers and would never have let my grandfather take that money as she was always telling me she had money stored away for me. I confronted my grandfather who said he had a right to keep that money since it was supposedly for college but I never went. My grandmother never told me the money she was putting aside for me was for college. I think my grandfather took advantage of her mental state since he was having money problems in 2004 due to the fact he had just purchased a new Cadillac in 2004. Both of my parents are deceased, my mother having died in 1993 and my father in 2002. Can I build a case against my grandfather showing proof that my grandmother was not in the right state of mind? Also, he refuses to pay the taxes on it saying he doesnt have the money.. how can I be responsible for over a thousand dollars in taxes on money he deposited? Please help

I am 26 years old so its not like I was too young to inherit the money. If the money was intended for college, I should have been in college in 98. Why did he decide to take it out the same year he bought a brand new Cadillac? my grandmother has been in the hospital for over a year because of a stroke and cannot speak on my behalf. Please help with some advice...any would be appreciated...

[bucs1055]

Just bumping this up.

[Dandy Don]

What was the name of the company holding the account and do you know what type of account it was?

Your first step will be to write the IRS a brief letter explaining that you never received this money, and that you have contacted the company to provide you with documentation to confirm who it actually went to and you also need to explain that it went to your grandfather (mention his name and SSN and date of birth).

Your second step will be to write to the company and ask them to provide any type of documentation that will prove the money went to grandpa (a cancelled check or an account statement, or Form 1099 tax receipt, etc.) and explain that you need it to defend yourself in an IRS matter regarding this money. You also need to ask if your grandfather closed the account by presenting a power of attorney document (signed by your grandmother) which would have given him authority to handle her financial affairs and perhaps he asked for a beneficiary designation change on the account to his name so he could get the check.

You will not need to sue him regarding the $1,000 that the IRS is asking for, since they are going to charge him with the overdue taxes once you furnish the documentation.

IF he got the check by presenting a POA to the company, that may be considered as an abuse of POA (depending on what New York state law says), and if you want to possibly sue him to get the money back that was in the entire account, then consult an elder abuse/family law attorney who has experience in suing for abuse of power of attorney cases and see if you have a strong enough case to get your money back.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)