What to do about a guardian’s misappropriation of funds?

My “step-son” had gotten an inheritance from his grandfather when he passed. At the time, he was too young to have it, he was supposed to recieve it at 18 years old. His guardian (his adopted father), some how managed to withdrawl that money from the credit union that was holding it. He has now spent the money and is making all sorts of excuses as to where it is and why he cannot produce it. He has also failed to do paperwork needed for his son to attend college, for his student loans. This has resulted in not only and eviction from his dorm this past weekend in front of all his peers but also a bill from last semester that the child is being billed in full. What are his options here? Was the credit union at fault?

Asked on January 28, 2013 under Estate Planning, Ohio

Answers:

Victor Waid / Law Office of Victor Waid

Answered 7 years ago | Contributor

You need to obtain the services of a probate litigation lawyer to sort this problem out to file a petition into the probate court for the guardian to file an accounting showing the monies received and the expenditures and to file an action with the district attorney for embezzlement.


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