Legal Question???

[BigFish]

Don't know if anyone can help but here is my problem.

When my sons were born, my Grandmother sent each of them $5,000.00 and my ex-wife and I put it in an account in their names and my ex-wifes name. When we separated I discovered that she had spent/used the money that was intended to be left in savings for my sons. She spent it after we split! She never replaced it either. Now this was about 12 years ago! My question is do I have any legal recourse to have her replace this money as it was intended for my sons????

Thanks for any help!

[Slingah]

try asking here Larry
http://www.lawguru.com/
good luck...

[Mike P]

This is not my area of legal expertise---you should consult a lawyer who specializes in this area.

However, in general, money in a joint account is payable in total to either of the account holders.

You also may be time barred under the applicable statute of limitations, even if you would otherwise have legal recourse.

[Bronko]

Originally Posted by Mike P

This is not my area of legal expertise---you should consult a lawyer who specializes in this area.

However, in general, money in a joint account is payable in total to either of the account holders.

You also may be time barred under the applicable statute of limitations, even if you would otherwise have legal recourse.

I would concur with my fellow barrister MikeP. Any party officially named on the account can access the funds.

[decksweeper]

Larry, I'm not in the legal profession, but am in the financial. Sounds like it was opened in a "Joint" acount...either party has access to the money. The plating on the account is what protects the beneficiary and with a joint account, both parties are bene's.

[BigFish]

Thanks guys.....I thought the statute of limitations would be an issue....among others! What happened is my family gave my kids some money (about $100.00 each total....cash gifts from my Mom, Sister and brother) to buy whatever they wanted to for Christmas.....well their d-bag mother took the money and claims she is starting an account for each of them so they can save to "buy a car"!!! My problem is....this money was given to them....FROM MY FAMILY.....and I do not feel she had the right to take it from them!!! Besides......if she did not spend that money that was intended for them....they would each have $5,000.00 each plus about 16 years interest to buy a car when the time comes......I am pissed and feel she should not have spent their money and should have to replace it!!!! Can't talk to her though....it would be like banging my head against the wall!! Oh it might come up later when she tries to put the squeeze on me to help them buy a car......I will be tempted to tell them about that money!!!!

They do not know about it! If the tables were turned she would have told them "I spent their money" in a heartbeat......but I don't play that game.

[spence]

Wow, your family gave each kid 5K to buy whatever they wanted for Christmas 16 years ago? That's a lot of dough.

Do you have any documentation that the event ever took place in any form? Record of the gift, bank account etc...?

Probably wouldn't help legally but at least it might prove you're not just trying to pin it on her.

-spence

[BigFish]

No Spence...re-read the thread! The Five Grand was given by my Grandmother to each of my sons when they were born!

[spence]

I see, so the 5K was 16 years ago and the 100 was just recently?

How do you know she blew the 5K gifts from 16 years ago?

-spence

[Adam_777]

I would ask her what happened to the money.When she starts to spiral out of control and she will.Tell her that the kids are almost old enough to know the truth about the money and what happened.Personally I'd try and keep it quiet until they graduate high school because sometimes things like that have a big impact on kids and schoolwork.Sad situation , mine has also stolen from my sons savings.Not as much but it is something that is hard to forget.On the other hand.

Make a gigantic batch of them jointeds and sell them to all the tackle shops.I bet you can make all that then some.I'm sure you can spin 358 of them @ 28 bux a peice in short time.Hell you could probably get rid of that many on this site.Anyways man good luck with this situation and make sure you give her hell any chance you get.Make her regret putting her grubby little stealing paws on the kids money.I'm sure it will be easy for you to make her feel rotten about it.

[BigFish]

You don't know my X Adam....stone cold beyotch!!

[Adam_777]

Man I'll take your word for it.You got a lathe big enough to turn a shovel handle ?

[Swimmer]

Maybe you'll walk by her someday when she is in the midst of a heart attack, and becomes unresponsive. You will realize a quandry has arizen and a hard choice has to be made, "do I give her cpr or do I just watch her turn blue?"

[BigFish]

Unfortunately Frank...my nature would tell me to help her for my kids sake!!

But blue is nice...I like blue!

[Raven]

i have to assume your paying her something .....
when she has temporary custody

wouldn't the powers to be (court Judge) need to be advised of her
spending of the 10 k ... without authorization,
or say mutual agreement of both the parents since it wasn't her own money?

[tattoobob]

Larry your better off taking and opening a roth ira for each kid and not even deal with her, all you need to do is put 50 bucks a month in each one and it grows on it's own.

If she is that bad to deal with don't deal with her, chock it up to experience and move on.

Oh and make your own bank accounts for the kids and don't send money home with the kids.

[BigFish]

Yeah Bob....your right! Lesson learned.....I just think she is such a piece of She-ite!

[chris L]

Originally Posted by BigFish

Yeah Bob....your right! Lesson learned.....I just think she is such a piece of She-ite!

thats putting it mildly . she stole from her own kids . it would be one thing if she stole from you ( who cares ) . that was inappropriate sorry

[thortum]

Instead of banging YOUR head, maybe you should..............well, maybe not. We have to be civilized? Be glad that she's somewhat out of your life. I hope she's a better mother she appears to be. Some of them really SUCK.