Legal Question in Criminal Law in Nebraska

My 18-year old step-son was the beneficiary of a retirement policy for $90,000 which was to be deposited into a conservatorship until he was 19. Instead the retirement company improperly released the funds to his mother who created a custodial account with herself as the custodian. $20,000 was distributed to my step-son to purchase a car. The leftover amount of the $20,000 was placed into a checking account on which his mother was joint. She removed $6,000 from this checking account without my step-son's knowledge. She also had another $20,000 disbursed from the custodial account without my step-son's knowledge. My question is does this constitute fraud or any kind of criminal offense in the state of Nebraska?


Asked on 1/31/11, 9:56 am

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Based on the information you have provided, there is a strong likelihood that the mother may be liable to repay unauthorized withdrawals to the step-son. Depending on details you have not provided and the ability to prove what you have stated, the county attorney may be interested in filing criminal charges against mother. Contact your county attorney's office for information as to how you should proceed.

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Answered on 2/10/11, 6:09 am


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