What are my rightss if my step-father left me money in trust before he passed but my mother spent it before I was of age?

I was left money in the tune of $100,000 in a trust to go towards my education when I turned 18; my step-father passed away when I was 14. My mother, his wife, was executor of the estate. She spent the money before I even turned 18. From what I remember, we were at a car lot when I was 15 and she wanted to buy a really expensive car which was about $40,000. She brought a legal document for this trust and told me to sign it so she could buy the car but she would pay the money back later. I trusted what my mother said so at age 15 I signed it. Well she never paid it back.

Asked on June 3, 2012 under Estate Planning, Alabama


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

Answered 8 years ago | Contributor

I am so sorry for the situation.  Your Mother was placed in a fiduciary role with regard to the funds and if they were improperly spent then you may have a claim against her personally for the money.  I would speak with a lawyer in your area as to the statute of limitations (you have not said how old you are at this point in time) and how you begin the action.  Good luck.

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