Legal Question in Wills and Trusts in Arizona

I'm 19 years old and not sure of what type of case if any I have. At 2 month before my 18th birthday I was informed that my Grandmother had named me as beniaficary on her life insurance policy. I recived 42 thousand dollars. With in that year I also found out the my Father and step Mother withdrew over 30 thousand dollars of the policy claiming I was living with them and needed it for my support. They signed the checks both their names and my name and cashed them. Then when I filed my taxes in 2008 I got a letter from the IRS stating that I did not file taxes on the money they with drew. Now the IRS is holding my refund for both 2008 and 2009 . My Father and step Mother did not pay the taxes on the money they with drew. I did not live with them at that time either. I have talked to the insurance company that the life insurance policy was through and they say they are not liable for giving them the money and that I need to take care of the issue myself. I am at a loss of what to do and where to begin. I am low income and not even sure where to begin to get legal help with both the issue of them taking the money when I was not living with them and now the tax issue. Can you help direct me?


Asked on 4/21/10, 8:08 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You should file a complaint against your father and step-mother for an accounting, breach of fiduciary duty, and fraud, in the probate division of the Superior Court where you all live. Hopefully they still have the money that they apparently took wrongfully from the proceeds of the policy. You could also make a complaint to the police department for theft, but it is hard to get the police and county attorney to bring criminal action in this kind of case. You should get experienced legal counsel to help you with this.

Read more
Answered on 4/26/10, 9:20 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Arizona