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Can I sue my parents for spending my settlement money?

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Benry

Junior Member
I was in a car accident years ago (not a minor) which resulted in a traumatic brain injury and hospitalization for about a month. My parents are currently in the middle of a divorce and things are getting messy to say the least. Long story short, my mother confessed to me that a settlement was awarded to me in my name after my accident in the amount of $100,000. Apparently a joint bank account was opened in my parents' and my name in which that money was deposited. Needless to say, I did not know about this money or this bank account and the money is now gone. My parents used the money to pay off some of their debt and 401Ks. Do I have a case here?
 


LdiJ

Senior Member
I was in a car accident years ago (not a minor) which resulted in a traumatic brain injury and hospitalization for about a month. My parents are currently in the middle of a divorce and things are getting messy to say the least. Long story short, my mother confessed to me that a settlement was awarded to me in my name after my accident in the amount of $100,000. Apparently a joint bank account was opened in my parents' and my name in which that money was deposited. Needless to say, I did not know about this money or this bank account and the money is now gone. My parents used the money to pay off some of their debt and 401Ks. Do I have a case here?
There is a chance that you might have had a case since you were not a minor and that money should have been held for you in trust. However you are going to need to consult a local attorney who can investigate and review the details of the settlement to see just what the situation is.
 

quincy

Senior Member
I was in a car accident years ago (not a minor) which resulted in a traumatic brain injury and hospitalization for about a month. My parents are currently in the middle of a divorce and things are getting messy to say the least. Long story short, my mother confessed to me that a settlement was awarded to me in my name after my accident in the amount of $100,000. Apparently a joint bank account was opened in my parents' and my name in which that money was deposited. Needless to say, I did not know about this money or this bank account and the money is now gone. My parents used the money to pay off some of their debt and 401Ks. Do I have a case here?
What is the name of your state, Benry?

How many years ago was the accident settlement?
 

HRZ

Senior Member
And when we're first aware of the funds being there and or vanishing or reasonably could have been aware ?


THe more information you have about how funds supposedly payable,to,you would up in some sort of account with parents name on it the easier it may be to narrow in on your options . How was account titled ..exactly , less actual names , given that you name was on account..can you access activity records or even pay a small fee to reproduce same ?

Any chance there was official guardianship over you secured in timemframe of you major brain injury that was still in place at time you got $ 100,000?

SOmebody knows a whole lot about this ...and the more information / clues you can by being nice /talkative ...do so..and keep good records. I
 

quincy

Senior Member
Actually, with a traumatic brain injury and a one month hospitalization, $100,000 is not very much. There might have been very little of the money, if any, that did not go to Benry's care and treatment.
 

quincy

Senior Member
True...but that's not the story posted .
Not very much of the story has been told. What has not been told is best related to an attorney in whatever state Benry resides. If Benry returns with his state name, we can provide resources in his area.

There are several questions raised with this described settlement, including a question as to why the money was held in a joint account which is not typical.

Determining whether there is any action to pursue will first depend on how long ago the accident occurred. After that, it will depend on how much and for what the settlement money was spent (which requires a personal review of financial documents). The personal review cannot be done on this forum.
 

HRZ

Senior Member
I agree...and there may be a point that parents have an equitable point for reimbursement for extra ordinary expenses they incurred for his care ..
 

quincy

Senior Member
I agree...and there may be a point that parents have an equitable point for reimbursement for extra ordinary expenses they incurred for his care ..
That is what I was thinking. I was also thinking that an ordinary joint account allows for either of the account holders to legally access and use the money.

I don't think Benry knows enough yet about the settlement and how the money was held for anyone to answer his question.
 

xylene

Senior Member
Mom could have made it up or embellished the situation to poison Benry against father, if we're making conjectures.
 

quincy

Senior Member
Mom could have made it up or embellished the situation to poison Benry against father, if we're making conjectures.
That, too, is a possibility. There are many of them, huh? :)

If Benry believes that settlement money (of which he had previously been unaware) was misspent years ago, he will have to do more than take his mother's word for it.
 

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