Legal Question in Civil Litigation in California

My wife was left $25,000 from her paternal grandmother, to be given to her when she turned 24 years of age.

When she reached 24 years, the money was distributed from the trust in the form of a check, made out in her name. She was worried about "blowing" the whole sum, squandering it away on something stupid (which she had seen her cousins do with their shares), and asked her mother to hold the money for her in a joint account, requiring two signatures for withdrawal.

She has since withdrawn approximately $10,000, never encountering any issues or restrictive access.

My wife is now 28, and we are planning a move out of state. Her parents disagree with our plans and are refusing access to her money. Father claims he has the right to dictate what the money can be used for because it was from his parents.

Looking for advice on the legality of the situation and if we have any legal recourse.


Asked on 7/23/09, 1:48 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

They have no right to withhold the money on the facts you've stated. But, if you can't resolve it among yourselves, consider hiring an attorney to write a 'demand' letter. Worst case scenario is to have to sue. Don't let it get that far out of reason. Contact me for help if you need it.

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Answered on 7/23/09, 2:50 pm


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