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-   -   Minors settlement was embezzled? (https://www.askmehelpdesk.com/showthread.php?t=556661)

  • Feb 21, 2011, 08:58 PM
    sandyss
    Minors settlement was embezzled?
    When I was a child, something happened to me. Unaware of by me my parents sued and I was awarded a settlement until the age of 18. A friend of mine told me that she was paid by my parents to pretend to be me and sign docs. She did, they paid her, and took the money. This was back in 1982 and I was unaware of it. My question is wouldn't the entity entrusted to disburse the money had to have asked for proof of my identity, or wouldn't it had to be notarized and is the trustee of the settlement responsible as I never signed for it and they did not confirm who I was. The amount was $250k (I do not wish to discuss what it was for).
  • Feb 21, 2011, 09:58 PM
    m_lynn
    It is my understanding if the money in trust is for a minor the person responsible for the minor can do as they deem necessary with the money basically they have power of attorney. Now that being said upon turning 18 whatever money was in the trust should have now been in your control. But do u want to go after your parents legally for it or not
  • Feb 21, 2011, 11:43 PM
    AK lawyer
    How old were you?

    Your parents would have entered into a settlement, in your behalf, with the entity which was responsible for whatever happened to you.

    I wouldn't trust what your "friend" has told you. After all, she apparently did something fraudulent in the past, so don't expect her to be honest now.

    But no: it wouldn't have been necessary to fraudulently hire this person to impersonate you. Your signature probably wouldn't have been necessary any way.

    In many places, there are procedures established for court approval of settlements in behalf of minors. Check with the local court for records of such a proceeding.
  • Feb 22, 2011, 05:05 AM
    ScottGem

    Since you were a minor, it is highly unlikely that your signature would have been required, since you would not legally have standing. So what your friend told you is very suspect.

    You need facts here, not what your "friend" told you. You need to know the exact terms of the settlement. It may be that your parents used the money to pay for expenses dealing with the reason for the settlement or just for raising you. So there may have not been any embezzlement.

    It is also likely that the statute of limitations has passed on this anyway.
  • Feb 22, 2011, 06:52 AM
    JudyKayTee
    Quote:

    Originally Posted by m_lynn View Post
    It is my understanding if the money in trust is for a minor the person responsible for the minor can do as they deem necessary with the money basically they have power of attorney. Now that being said upon turning 18 whatever money was in the trust should have now been in your control. But do u want to go after your parents legally for it or not



    Please - this is a legal forum. Make certain your advice is correct and post citations.

    You are incorrect in NY. I have no idea where the OP resides.

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