Legal Question in Wills and Trusts in California
I'm a 40 year old woman with a "fictive kin" type relationship with an EX friend (of 35+ years) 17 year old daughter. The daughters father passed away in March 2009, he was the passenger in a car involved in an automobile accident. The daughter received a portion of insurance payout for wrongfull death which was supposed to be placed in a trust for her for when she turned 18. The mother never followed through with placing the money in trust and has since spent it. Does the daughter have any legal recourse against the mother to collect the money?
2 Answers from Attorneys
Depending on the amount of the settlement and how and whether the settlement was court approved, there could be liability with the insurance company, the bank and the mother. Please contact an attorney who can go over the facts and documents in detail. I would be happy to discuss this with you further.
Yes, there is liability. A daughter suing her mother, among others, is however always a gut and heart wrenching experience.
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