College money was left to me as a minor so my mother’s name is on it. How can I get money even though she refuses to let me access it?

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College money was left to me as a minor so my mother’s name is on it. How can I get money even though she refuses to let me access it?

I do not have passwords to the online account and she will not give me access to the money. I can not use a check without her signature.

Asked on September 30, 2017 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Ok so more facts are needed here but what I am gathering is that you were left money as a minor and that it was disbursed by the Estate of the giver to Mom on your behalf.  Was it put in an "in trust for" account?  Was it given to Mom directly?  Is it in a 529 account?  All this matters.  However, getting Mom to give you the money may come down to a court battle for it.  Is it possible to have a close firned or family member intercede here and try and mediate between you and Mom?  If Mom is Trustee of the funds then she has power to decide how it is disbursed.  If she is not making decisions properly (as a fiduciary) then you need to have her removed as Trustee.  I think mediation by some one both she and you trust is a good idea.  Good luck.


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