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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.