Legal Question in Family Law in Washington
intentional misappropriation of tutrix funds
I won a major law suit in 1995. My husband was given $100.000.00 in tutrix for minor son he never had physical custody of. Now that he (minor child named in suit)is of legal age, can he sue for the amount that was legally set up for him? I don't even know what area of law this would fall in. Any help is appreciated
2 Answers from Attorneys
Re: intentional misappropriation of tutrix funds
Appointment of a trustee of a trust for a minor child beneficiary is not dependent on having custody of a child or even being the parent of the child. As to what the child who has reached the age of majority should do, first he should get a copy of the judgment/settlement document, and see how the trust is configured, and then he should ask for a copy of the trust and an accounting (he can sue to compel that if he does not get a response to his request). Then he should have enough information to make a decision about whether the trust was handled properly and if not what he should do about it.
Re: intentional misappropriation of tutrix funds
In some counties, the money is in the registry. Your son can walk in, provide ID and ask the court to disburse the funds. it's his now and he has every right to expect it to be there.
if it is not apparent where the money is (or where it went) then the child has a cause of action against the trustee for misappropriation.
But funds like this are usually in blocked accounts for exactly this reason. Call if you need more help. Elizabeth Powell