I need to get a court order stating i am of Age...

[Michelle&Michael]

I was involved in a car accident when i was 12, my settlement (not very much) was placed in a trust account, like an investment firm i am now 18 and want the money for a computer for college. the investors can't turn over the money until i get a court order stating i am now an adult. The Lawyer wants to charge $200.00 to file the papers, if i knew what papers to file, i feel that i could handle it. any help. i would like to just pay to have it done, but unfortunately i don't have the money.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Michelle&Michael:
I was involved in a car accident when i was 12, my settlement (not very much) was placed in a trust account, like an investment firm i am now 18 and want the money for a computer for college. the investors can't turn over the money until i get a court order stating i am now an adult. The Lawyer wants to charge $200.00 to file the papers, if i knew what papers to file, i feel that i could handle it. any help. i would like to just pay to have it done, but unfortunately i don't have the money.<HR></BLOCKQUOTE>

My response:

We need your State; however, am I missing something here? The age of majority was changed to 18 in 1972, and it's automatic. What else does the trust require, beyond some I.D. and birth certificate to show who you are, and how old you are? An "Emancipation" filing is for someone under the age of 18. Something's definately missing from your post.

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited April 20, 2000).]

 

[Michelle&Michael]

Ok, I am from Washington, and i thought that i would only need my birth certificate, so i called the firm, and they said "no we can't release it without a court order" and i asked my birth certificate won't do, and they said no. So then i called the lawyer that origionally handled it and they said that i would have to file some papers, after his run around, he finally told me that he would charge me $200. I then consulted the lawyer my mom had used, and he said basically the same thing, but said he would charge $150 (and i was sure not to tell him the other lawyer's offer)
is that enough info???

 

[Tracey]

Tell the trustees that you want to see the trust terms requiring you to get a court order to have your funds released. If they can't produce one, tell them to release your money or you'll sue them and demand attorney fees.

If what they produce says they have to hold the $$ until you're 18 but doesn't say anything about a court order, check the rest of the documents to see if your birthdate is listed andywhere. If it is, then the trust has expired by its own terms. Tell them to release the money or you'll sue and ask for attorney fees.

If neither of these 2 tricks work and you don't want to pay the money to the bloodsuckers, go to the county courthouse and ask to see an "Ex Parte Motion" and Xerox it. (You can see who's filed them this week by checking the court calendar.) Use the motion as a template and draft your own motion asking the court to declare you 18, based on the notarized copy of your birth certificate, attached. Include a court order declaring you 18 for the judge to sign. Ask the court clerk to tell you where to find the local rules, which will tell you what size paper to use, how many copies to file, the fee, etc.


Good luck,
Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.