Should I sue my step-dad for the money he stole from my trust account?
Question:
Answer:
Yes.
It was most likely in a UGMA account (Uniform Gift to Minor Account) if he could access it. He will probably claim he used it for your benefit, and it will be hard to prove he did not.
Now, if it truely WAS in a trust account...then the custodian of the account and all trustees (fiduciaries) should be sued. If the trust specifically said the money is for college...and it was withdrawn by someone other than the beneficiary and used for something other than college...then that is pretty straight forward. And, if the money was in a trust account and invested poorly...that too is a lawsuit you should pursue. Fiduciaries have an obligation for prudent investments.
You need to find out
1) what kind of account it was
2) who held it
3) when the money was taken
4) what it was used for
If you were NOT minors.it doesn't matter WHAT kind of account it was.THE ONLY PEOPLE WHO SHOULD HAVE BEEN ABLE TO ACCESS IT WOULD BE YOU OR YOUR BROTHERS.
Go to the bank and start questioning people. Calmly impress upon them the seriousness of this. Bump it up to the next level when you get roadblocked.
If it was held at a brokerage account, mention getting their compliance officer involved.
Start writing letters and demanding answers. If it was an amount over say $50k, you should be able to find an attorney who will help you.
How did he get hold of the money if they were in your name? You should sue the bank, if anyone.
What kind of relationship do you have with your step-dad? If you're willing to end it once and for all, by all means go ahead and sue him. You may actually have cause against the bank---if the account was not in his name, how did he get the money?
Yes. Sue him.
you dont have to sue him report him to the police. theft
Yes and hold him and the bank accountable for the trust and the interest that would have accrued. You have the right to go after each one separately, regardless if one or the other pays...And when your don't have him charged because what he did is criminal.
yes get your money back
First, determine if the amount of money lost is worth filing suit and potentially ruining your relationship with him? Second, do you think you'd get your money back from him? Does he own a home or have money that you could get from a lawsuit?
If what you described is true, then what he did was illegal. You might want to gather all of the facts and speak to a lawyer.
Scott..
Do something about this. Contact an attorney for a free consultation and see what she/he says. It's your money, you deserve it back!
If the accounts where in your name, you are of age and you have the proof he took the money then go after him. You need every penny for college and buying a house in this market is very expensive. If you sue get a good lawyer and have all your paperwork in order, that way you have a better chance of winning. Try to catch him off guard.
Sounds like what he did was very selfish. If I was you I would get all my ducks in a row and go see an attorney (say nothing to no one) and see what a reputible attorney would say to do. Include the attorney fees and see if it would be worth it in the end. Sue him for everything! He should never have done something like that to you guys!
Damn straight sue the SOB and not only that file criminal charges with your local PD. He is your (Step) Father and not legally entitled to access anything that has to do with your biological family unless your Mother allowed it, and if that's the case sue her also. One more item you can do to get even Report him to the credit agencies as not having repaid a legal debt, do this every 6 months forever this will get him where it hurts bad his credit rating.
Your grandma had her 10 grandkids at heart and I would think wanted you guys to get a good college education, hence the reason for her decision. Firstly your stepdad lied to you guys about money he knew nothing about, depriving you and your brother of what was rightfully yours. For me if I was in your shoe I would take his *** to court, cause that's first degree theft.
If the accounts were in your names, your step-parent should not have had access and the bank can possibly be held liable. I would consult a lawyer.
Difficult..Probably you would like to keep on having an OK communication with your stepfather, if that is the case now..
On the other hand, it seems like he might put you in a difficult situation by what he has done..Another thing is that he have been lying about something quite seriously, and that in it self is not good. If you have a good financial situation, it might not be worth the hassle, but if this makes a huge difference concerning your chance to get an education and have a house, it might be better to do something about it now, than ending up resenting him later.
IF you decide you want to sue him, be very sure you even have a chance legally. Maybe ask a lawyer for advice.
Do you think your stepfather might be willing to solve it with you privately?
most definitely it was left to you for your future not for him to gain if you have the relevant papers etc take him to the courts to make him pay you need to be asking him how he was able to get the monies out of the accounts they were in
Get an attorney and sue him.
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