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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85787
Experience:  Lawyer
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Hi, I am asking this question to help my daughter...who is

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Hi, I am asking this question to help my daughter...who is a student in university. she has been on student loan since the beginning of university.2009. I am single mom battling illness since 2009 and insurance disability ( which only came through this yr in lump sum) and resently was accepted for my pension disability (which only came through this yr also in lump sum). So when my daughter started school on student loan we had nothing, living in my parents(seniors) basement. In 2011 my Grandmother (fathers side) passed away leaving my folks and other family members a small financial inheritance...which i gave my daughter 3000.00 and i told her it was not to be spent..it was to be used towards paying off her student loan. but as it was also her birthday i told her she could buy a gift for herself. I was not the only one who gave her inheritance. My parents, my uncle, and my brother. All with the stipulation it was not to be spent until she finished school and it was used to pay down her student loan. My grandparents on my mothers side had told my mother that they would like to pay off my Daughters student loan when she finishes school, well both passed away before she finished, the money was left in-trust but nothing was stipulated as what it was for only my mother knows. As she was executor for both grandparents she asked that the bank hold it till my daughter finished school.The bank requested my daughter sign a form, so the money was then put in her name. Now she is finishing her last year, and she received a form for an audit. She went to the school and told them everything. They have told her she committed fraud and has scared us all. there was never any intention of fraud. My daughter listened to us and thought the money was untouchable. it is still sitting in the bank to pay the student loan. we had hoped interest would help pay off more of what we owed. What can we do? my email isXXX@XXXXXX.XXX
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

They are incorrect.

It's not fraud if the money was left to your daughter for when she was older.

There are lots of grandchildren who inherit money, even adult grandchildren, who are not permitted to use the money until they are older.

Money held in trust for your daughter pursuant to the instructions of the testator doesn't not mean your daughter committed fraud. She had not entitled to the money while she was in school.

Let me know if you need any further clarification.
Customer: replied 9 months ago.

but we do not have legal documentation..it was just our word and she obeyed us, and the fact she hadn't touched it. she never put the money on the student loan application. Where or what can we do to show the student loan, if we do not have legal documents?


 

Expert:  Legal Ease replied 9 months ago.
You can write a letter or have a lawyer write a letter indicating that money had been left to a trustee to be held in trust for your daughter until she graduated.

She had no legal entitlement to the money nor any means of acquiring had she wanted it as the terms of the trust were clear.

The letter can also say that it is unacceptable to tell a young woman who is a student that she has committed fraud when she came to the school to explain that what had gone on.
Customer: replied 9 months ago.

The smaller inheritance has just been in a savings account...the last one the bank had my daughter sign the papers and we think they didnt keep it in trust.


 

Expert:  Legal Ease replied 9 months ago.
But the fact is that she was not permitted to have the money until she graduated.

She was not going to be given the money if she asked for it.

That is what the school should be told.

You can make it clear that she had not means of accessing the funds until she graduated.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85787
Experience: Lawyer
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