May I sue an ex for negligence if she was the trustee of an account that she allowed me to liquiated when I was not operating at full capacity?

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May I sue an ex for negligence if she was the trustee of an account that she allowed me to liquiated when I was not operating at full capacity?

I was in an accident that caused a traumatic brain injury 13 years ago. As a result the at-fault party settled with me for over $10,000 which was placed into an investment account by my father. However he transferred the trusteeship to my girlfriend at the time 10 years ago because I was not operating at full decision-making capacity. She allowed me to completely liquidate my account 7 yeras agoI and now I only have $2.35 in that account.

Asked on April 13, 2012 under Estate Planning, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue your "ex" for negligence if she was a trustee of a $10,000 account that she allowed you to deplete when you supposedly were not mentally competent. However from what you have written, the chances of you succeeding depends upon how much money that you received periodically and what you did with it. Most importantly you need to prove that you were mentally incompetent at the time you received the money and that you misused it on non-essentials for living.

The chances of success seems remote with respect to any lawsuit by you in that if your account was liquidated more thany four years ago, any claim that you may have seems to be time barred by your state's statute of limitations. I suggest that you consult with an attorney that practices law in the area of fiduciary relatiobships such as trusts.

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

Answered 9 years ago | Contributor

What you are claiming here is that your ex girlfriend breached her fiduciary duty as the trustee of your account.  You are going to have to prove that what she did  - or didn't do I guess by stopping you from withdrawing funds - was in fact a breach under the law.  Go and speak with an attorney in your rea and bring with you all the statements and other evidence that you may have and see if it supports your claim.  Good luck. 


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