Can I sue my mother for taking most of my money from a lawsuit that was won in my favor when I was a minor?

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Can I sue my mother for taking most of my money from a lawsuit that was won in my favor when I was a minor?

I have no documented proof. I couldn’t touch the money until I was 18 which is what my mother told me. It was $4999.99 that was won in the lawsuit between a lady that hit me with her car and myself when I was 4. I’m 21 now, do have a means of trial here or is it a lost cause? My mom took the whole amount but before she could my dad took about $500 so he could get a car for himself since him and my mom were splitting up at the time.

Asked on August 29, 2012 under Bankruptcy Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

Theoretically, you could sue your mother.  Practically, I would not attempt it.  I don't know the terms of your settlement, so I can't say exactly what your mother was required to do with the money.  Usually, she would be required to use the money for your benefit.  I suspect she could prove she spent more than $4999.99 on you in 17 years.

If you do want to go after this, you should consult a lawyer right away.  The statute of limitations would begin to run when you reached age 18.  For some causes of action, it expires 4 years later.


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