Legal Question in Wills and Trusts in Pennsylvania
Hi i have a question...years ago when i was around six years old my great great grandfather had sent all his grandchildren money before he died the will said that we can not touch the money until we were 21 yrs old..but one day someone in the family had told my father that they had the money at a early age so they had broke the will i dont know how but they did it ! ..so my father and i had went down the bank a week later i was 14 yrs old at the time ..i told him that i didnt want to go to the bank and so he made me but we went down there and they said that i can take some money out i couldnt believe it !! so then the person that work at the bank had ask me to sign my name i ask them what is this for ..he said that your father is the guardian of your money (but) you have to always be there everytime he takes out money for you .you have to sign your name if your not there he can not take any money out so i was happy about that ..but then a month later i ask my father that i wanted to go to the bank to buy school supplies and school clothes he said no! why wont you wait till it build up ...i said why if i only went to the bank once...so i was skeptical about that so i told my mother about it and she was geeting upset because he kept percrasonating about so she went down the bank herself and finnally fines out there its nothing in the bank i was veryyy upset!! so i am now 18 yrs old and i want to go to college and study to be an r.n ...now the question is can i sew my father and the bank for letting my father get money without me signing my name ??
1 Answer from Attorneys
You may be able to sue your father but probably not the bank. The bank can release funds to the legal guardian, which was your father. However, I don't know what the funds were used for and how much there was. I also don't know what kind of document that your great great grandfather had or how individuals were able to get the money. You need to get a copy of your great great grandfather's will or trust (go the county/state where he lived at the time of his death and get a copy from the court file if they have it - its probably on microfilm at this point). Then you need to see a probate lawyer to ascertain the terms. Once you get advice from the probate lawyer, he or she will be able to indicate whether any type of action can be brought against your father.
It costs money to sue and you sound like you do not have it. I doubt that your father has it either and, if he doesn't, you can sue all day long, but you are not going to recover very much unless the funds can be traced and the lawyer is willing to take a piece of the funds in lieu of payment.
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