Legal Question in Wills and Trusts in California

When I was younger my parents sued and won and the money was put into an annuity account for me with my Dad as the Custodian. I would like to withdraw the funds now and I contacted Allstate who said I would need to petition the court to have the annuity transferred into my name. I contacted the court who was unable to help me. I would like to know how I would go about having the annuity transferred to my name so I am able to withdraw the funds. Any help would be great. Thanks!


Asked on 6/28/10, 12:22 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Whatever you do, don't let any attorney charge you a percentage, or get his or her hands on your money. You will need an attorney's help in drafting a petition or motion to order Allstate to release the funds directly to you. If you can't find an attorney who will do this for a fixed fee of $1000 or less, call me.

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Answered on 6/28/10, 7:01 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Michael is right, don't let anyone (whether or not an attorney) trick you into paying a percentage of the annuity as a fee. Whether the cost is a $1,000 or a little more, this is not a big deal. Depending on the prior orders which the Court made when the lawsuit was resolved, a new petition may not even be required.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 6/30/10, 9:02 am


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