Legal Question in Civil Litigation in Michigan

My brother was hit by a car when he was 4 or 5 years old. Because of that, there was a lawsuit and my brother was rewarded a certain amount of money. The money was put in an account that he could have access to when he turned 18. Since then my parents got divorced and my brother did not need the money or do anything with is until he turned 21. At that time he and my mom went to withdrawal the funds. To their surprise, our dad had liquidated the account ON my brother's 18th birthday!!! He asked my dad about it and my dad said "it's gone to the stock market, sue me." My brother has been so hurt by this and has tried to drop it so it does not cause more damage to their relationship and our family. After talking to my brother for the first time about this, I'm very angry! My brother almost died and has lead a challenged life because of that accident and the money that was granted to him was for him!

My brother saw the paperwork that my dad used to withdraw the funds and it appears to be his signature but he said he knows that he never signed anything to withdraw the money or to give my dad access to the money.

My brother is now 39. I'm not sure if there is a statute of limitations that would prevent my brother from doing anything but would like to know if he has any options. Any advice is appreciated.


Asked on 11/18/10, 8:06 am

2 Answers from Attorneys

William Morrison Action Defense Center

I'm not sure if there is a statute of limitations that would prevent my brother from doing anything but would like to know if he has any options. Any advice is appreciated.

Answer: No, none. It's over.

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Answered on 11/23/10, 8:20 pm
William Morrison Action Defense Center

The previous answer was based only upon the statements provided in the post. Your brother should consult a probate attorney in person for a definite explanation of any rights he may have.

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Answered on 11/23/10, 9:24 pm


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