Can I have a lien placed on my father’s house if he abused his authority as custodian of his children’s assets?

I am 16 years old. My grandfather gave my younger siblings and me stock shares when we were born to be used for our college tuition. My father was named sole custodian. I just found out that he transferred all our shares, worth over $300,000, into his own personal “day-trading” account and lost all our money. He has a gambling problem. The only thing left is equity in the house. Can we have a lien placed on the house, if he misused our funds?

Asked on February 28, 2013 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

You need to contact a probate litigation lawyer right away about this.  Be sure that the lawyer does probate litigation beccause not every probate and estate lawyer will litigate.

You may have a claim against your father for misusing your stock.  However, you cannot place a lien against his house without filing and winning a claim against him.  In Florida, you would not be able to place a lien against his house because Florida protects homesteads from creditors' claims.  I do not know if California has a similar provision.

Please consult a probate litigation attorney to find out what you can do.


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