What to do about a legal guardian’s misuse of funds?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about a legal guardian’s misuse of funds?
My great-uncle raised me as his own but passed away when I was 12, 18 years ago. He never legally adopted me but left money 30k for me when he died. His new young wife was appointment my legal guardian and raised me the remainder of my childhood. I never saw any of the money my “dad” left for me. How do I go about proving the money was never spent on me? Do I have an option to sue her? I was too young at the time to realize this was going on.
Asked on February 10, 2012 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. Proof is only one of the problems you may have here. The statute of limitations - the time frame within which to bring an action - is another. You can start by finding a copy of the Will and seeing how the money was left: most likely a trust was created with her as the trustee. If the Will created a trust for a specific purpose such as your education and it was not spent on that then proving it may be easier. But if it was left for your "care" then everything from food to clothing could be considered. Get some legal help in your area. Good luck.
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.