Legal Question in Civil Litigation in Illinois

10 years ago my wife and I were part of a lawsuit that awarded money ($6000) to our two children. The settlement agreement from that lawsuit states that the children's money will be held in an Federally insured bank until the child's 18th birthday. There is a form signed by both me and my ex wife saying we will release this money to the children on their 18th birthday. My daughter, who is now 18 wants to cash in the CD that is in here name, along with my wife (now ex-wife). My ex wife is the sole custodian on the CD. The ex wife is refusing to cooperate and allow a transfer of the CD in to my daughter's name alone. I have the paperwork for the CD, but the bank is telling me that without the Ex-wife releasing the CD, we will need a court order to release the money to my daugher alone. Should my daughter file a small claims action requiring full release of all monies + require the ex wife to pay legal costs for filing a small claims, or is it more prudent to seek a court order directing the bank to release the monies to my daughter? Or, is there any other options you would recommend?


Asked on 5/03/11, 12:30 pm

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

From what you say it is more appropriate to re-open the probate case in the court where the original order of settlement approval and distribution was entered and have that court enter an order directing the bank to release the money to whomever now owns it. You may ask the probate court for costs and hope for the best.

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Answered on 5/03/11, 3:49 pm


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