Legal Question in Wills and Trusts in Pennsylvania
Hello, My name is Dan (not my real name) and I'm looking for legal advice. I will try to explain my story the best I can if you can just bear with me.
I was born in Ukraine, but moved to Pennsylvania, US when I was 15. I am now 20 years old and turning 21 next month. My father died when i was 2 years old and his apartment was willed to me afterwards. He was divorced with my mother at the time of his death, which is why I became the owner of his place, since there was no one from his family alive except for me.
Fast forward to last year when i was 19, and my financial situation was bad, we found a buyer for the place but since i was in school i couldn't go to Ukraine, so i gave my mother permission to sell the apartment. She went and sold it in Ukraine, under my permission, however all the money went into a bank account in her name only. She told me that i could not get any of the money until i learned to be a more responsible man and value money. I was not happy about it but there was nothing i could do about it.
Fast forward to today, i lost my job that i was working while in school and things got much tougher and everything that happened escalated very quickly ever since. What happened was that since i didn't have a job anymore i had a difficult time paying for things on my own (car insurance, cell phone bill, gas, food, internet bill) and tension from my family was going up, they told me i was 20, these are things i must pay for myself, so they kicked me out. I am in the biggest argument with my parents that i've ever been in. I live at my friends place but i don't know how much longer i can stay here. I don't know what to do next, and how to move on. Im an adult and my mother took away the money from the apartment willed to me. I don't know how to get it back, how to even approach this situation. Theres no reasoning i can do with her thats for sure. I also had to drop out of college just now because i cant possibly pay for anything. Who can i go talk to and how can i even prove that the money is mine. Your legal advice will be much appreciated!
1 Answer from Attorneys
Since your mother put the money in her bank account in her name, you would have to sue your mother. To the extent the bank account still exists and you can trace the apartment proceeds, you may be able to recover it. You can trace it through bank statements. These can all be requested from your mother once a lawsuit is filed. The problem I see is if your mother spent it. In such case, you may be able to get a money judgment against her. Or if you can trace the money into assets you can get a constructive on them (for example - if your mother bought a house or car with the funds). You may be able to find a lawyer who will be willing to accept a piece of any recovery as payment. How much money was left from the sale of the apartment? It will have to be enough to make litigation worthwhile.
You need to focus on getting a job and a place to live. While the sooner you act to talk to a lawyer the better, it will be tough in your situation if you have no income unless you can find a lawyer who gives free consults.
You might try a probate litigation lawyer. You don't have a probate issue per se but these lawyers are familiar with the issues which would be involved in your case. You will need a local lawyer who practices in the area in which your mother lives. You don't indicate where your mother lives, but I assume its in PA.
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