Legal Question in Criminal Law in Illinois
hi at this time i am 19 when i was 13 i had a bar mitva and recived alot of checks under my name since i was a minor i couldnt accept the money my dad put it away for me for when i became a adult well i still cant get the money from him he said he spent it and wont give it to me what can i do to get it and do i have a case?
1 Answer from Attorneys
The best answer considering there are missing facts, is "maybe". It depends a lot but not entirely on what he spent it on: Section 15 of the "Illinois Uniform Transfers to Minors Act" (760 ILCS 20/1 and following) may apply to your situation; I put a copy of it below. It may also depend on how he took care of the gifts, whether he wound up having to pay taxes on any interest or dividends....in which case other povisions of that Act may apply. You'd have to see an attorney, identify what the gifts were (for example cash, stock, bonds?), and how they were held (for example with your dad named as "custodian"?), and potentially provide other information.
Sec. 15. Use of Custodial Property.
(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.
(a‑5) At any time, a custodian may transfer part or all of the custodial property to a qualified minor's trust without a court order. Such a transfer terminates the custodianship to the extent of the transfer.
(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) A delivery, payment, or expenditure under this Section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
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