Legal Question in Wills and Trusts in New York

Re: Appropriation of funds from a minor's custodial account

Sue the culprit.

Re: Appropriation of funds from a minor's custodial account

The first thing that I would do would go get an expert state planning/probate attorney. Get a hold of good old Uncle and settle with him. What I mean by settle with him is set up a fund is that he ate knowledge is he did wrong and he will immediately go forward with settling each grandchild's amount in full plus interest and other damages. If he does not live up to two what he is both still then I have him sue the Uncle for everything that he's worth including punitive damages. Do not let good old Uncle get away with anything. Make sure that he is soon before everything that he deserves, and, make sure that he is sued for everything including those areas where he cannot bankrupt himself. I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000.

Re: Appropriation of funds from a minor's custodial account

Are you certain the grandchildren were named as beneficiaries? It's curious that the funds would be discharged that easily to the uncle. Also, was there a will? It sounds like you have a cause of action against the uncle.

Re: Appropriation of funds from a minor's custodial account

Amoung other proposed remedies I would suggest contacting NY State Attorney General Elliot Spitzer if the accounts were in NY.

Re: Appropriation of funds from a minor's custodial account

If they were properly registered custodial accounts, the children involved (if adults) or their parents can sue (if they are still minors) to recover the money. Suit usually has to be done somewhat promptly after the child becomes an adult. Check the laws where the children live. In all events, sue for recovery and lost income.