Legal Question in Civil Litigation in Louisiana
A child was hit by a car and many injuries. A lawsuit was filed when he was a minor but it was just recently settled in the last month and he is now 20 and will 21 in January. He mother made him sign over the check to her stating she had paid his medical bills when he was a minor. He was told basically he had no rights to the money and as of today he has no access to the money. She has paid off all her debts and made a large down payment on a new home and placed the new home under her name and told him that it was because she had to finance part of it. She purchased something out of her income abilitity. Does he have any rights to the money and how does he go about getting his money back. He believes what his mother has told him. I understand under law once a child turns 18 they are no longer a minor and money should have been his. The check was made payable only to him. Is there any charges he can bring against her?
2 Answers from Attorneys
The money was for his injuries, pain and suffering. Any medical bills would have been paid directly to those owed. The money was his not his mothers. He can sue her for the money back or charge her with theft.
Even if he had been a minor when the settlement happened, she would have had to get court approval to spend any of the money. So, since he was a major, it was his money. However, HE SIGNED THE MONEY OVER TO HER! How is he going to say she "fooled" him?? He is an adult and can give his money to whomever he wants. With that said, she still should seek legal counsel.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
