Legal Question in Wills and Trusts in California

trouble with in-laws

After my husbands death 12 yrs. ago we held a couple of memorial golf tournaments and the proceeds were put in accounts for our my children. The money was to be used towards their education. My mother in law was responsible for the money during the tournaments. Afterwards I ageed to let my in laws put the money in accounts for the kids(my father in law was a banker so I figured he would know the best thing to do with it.) I never signed anything giving them control I just trusted everything would be O.K. Over the years I had asked a couple of times to see statements and they would always act as if that was fine but always managed to change the subject so I have never actually been shown anything. recently I mentioned using some of it to help pay for some tutoring for my son and was informed(by in-laws) that they have decided it has to be used for college. Apparently they think this is somehow their decision! I need to know if as the childrens mother I have the right to now get this money from them so I can decide when and what it is best used for. I'm pretty sure my name is not even on the accounts.


Asked on 11/18/06, 5:50 am

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

Re: trouble with in-laws

It may be the case that your in-laws hold the money in what's called a "constructive trust" for the benefit of the children, and that they will be held to strict standards regarding what they can do with the money. You may have some legal options regarding the disposition of the money. Feel free to contact me if you would like to discuss this further.

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Answered on 11/20/06, 1:03 pm


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