Legal Question in Wills and Trusts in California

Minor receiving money at 18

My daughter received a settlement from an insurance company after being bitten by a neighbor's dog when she was 3 years old. The money has been held in a blocked bank account upon order of the court listing the account held in her name as a minor and my name as guardian. My daughter turned 18 on November 5th and we went to the bank yesterday to transfer the money into her name alone, setting up a checking and savings account and leaving the bulk of the money in a liquid CD. I received a call from the bank today saying that they had blocked access to the new accounts and that we needed to get another court order releasing the money. I do not have any of the original paperwork from when the account was first opened in 1994. I did provide a copy of the court order to the bank when the account was opened in 1994 but they don't seem to have it. Since my daughter is now 18 shouldn't she have access to the money without having to go back to court? I wouldn't even know where to start with the court system. The bank said the original account had a notation saying ''funds not to be released without court order'' but that was before she was 18.


Asked on 11/17/06, 2:46 pm

1 Answer from Attorneys
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Minor receiving money at 18

Perhaps you can try to find the original court order; it should be in the archives. Go to the courthouse and look up your daughter's name in the computer; the clerk can help you. Then order a copy of the order. If the order says that the money is to be released at age 18, maybe that can help convince the bank to release it. If none of this works, you may have to have a lawyer help you.

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Answered on 11/17/06, 4:09 pm


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