Legal Question in Family Law in Pennsylvania
my x husband died and had no will or beneficiary but all was left to his only daughter he had a checking acct which the lawyers have been holding the money now for almost ten yrs my daughter is 13 they told me they were going to give her that money if i put it in a checking acct thats just in her name would they be able to see if i used any of it on her before she is 18 is that possible
1 Answer from Attorneys
No. The money has to stay in trust until the daughter turns 18. The only way to get it released would be to get a guardian appointed. Guardians have to be bonded. I assume that a substantial sum was left to the daughter.
You cannot touch any of that money. However, if that money is somehow turned over by the lawyer and the daughter finds out that you and the lawyer squandered her inheritance, then the daughter can sue you as well as the lawyers for malpractice.
If its a small amount, then the funds could be deposited in the bank in an account in the name of the daughter. However, there can be NO withdrawals from the account until the child is 18 unless authorized by court order.
20 Pa.C.S.A. � 5103. Sequestered deposit
Without the appointment of a guardian, any amount in cash of a resident or nonresident minor may be ordered by the court to be deposited in one or more savings accounts in the name of the minor in banks, building and loan associations or savings and loan associations insured by a Federal governmental agency, provided that the amount deposited in any one such savings institution shall not exceed the amount to which accounts are thus insured. Every such order shall contain a provision that no withdrawal can be made from any such account until the minor attains his majority, except as authorized by a prior order of the court.
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