How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27688
Experience:  25 years experience as practicing attorney
Type Your Family Law Question Here...
Dave Kennett is online now
A new question is answered every 9 seconds

My daughter had numerous CDs and a savings account from where

Customer Question

My daughter had numerous CD's and a savings account from where she put her money and saved it when she was involved with 4-H. My mother was the custodian on them, but my daughter didn't even think about the sick thing my mother did to her granddaughter. My daughter was well over 18 & she gets the tax information to have to file on her taxes. My mother had been in & cashed in every Certificate of Deposit my daughter had and got all of her money & closed her savings account also. My daughter is a SR. in college & is devastated that she worked so hard showing & selling livestock from the time she was 6 years old until she couldn't show anymore. We live in NC, we are trying to find an atty. who will do this pro bono due to her student status. My mother cashed in somewhere close to $35-$40,000. Is there anything my daughter can do and the banks from what I have been told & numerous pamphlets in other banks that clearly state that she the child becomes of age, the custodian is removed. The way I see it, the bank is just as liable for this as my mother is. Can you help?
Submitted: 2 years ago.
Category: Family Law
Expert:  socrateaser replied 2 years ago.
Was your mother's name on the CDs as a joint owner?

Was your mother's name on the savings account as a joint owner?
Customer: replied 2 years ago.

They were set up as a minor account with my Mother being the custodian. My daughter received the tax bank information out of the blue to file all the interest earned and the penalty fees for not letting the CD's mature.

Expert:  socrateaser replied 2 years ago.
Okay thanks,

I'm going to open this question up for others, because I don't believe I have a good answer for your daughter's circumstances. Please do not reply to this memo. It will send the question back to me.

Best wishes.
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - I'm not certain that anyone from this website will be able to solve this problem since we are not permitted to represent clients from here. I will try to provide you with as much information as I can based on the facts you have given. If the bank account was set up so that your mother could sign on the account and there was no restriction such as having to have your daughter also sign for any withdrawals then the bank would not be responsible for giving the money to your mother. What you have read would apply to accounts where the custodian had no right to remove the funds individually so in order for the bank to be responsible they would have had to have released the funds in a wrongful manner. Without having the record of the account I would have no way of telling you if this was the case. I'm also not certain why your mother would have been on the account rather than you or her father but that is a different issue. At this point the only legal cause of action I can see is for your daughter to file a suit against your mother for reimbursement of her money. If your mother was the custodian then she would have been in a fiduciary relationship with your daughter and would have had a duty to protect the money in the accounts. As for free or pro bono legal services, there is no special right to get free legal help as a student and the only free legal assistance that is required by law is for indigent criminal defendants. Many Bar Associations have programs for pro bono legal assistance but there is no guarantee that you are going to be able to find a free lawyer. I have included the website for the Bar Association below for your convenience and you can contact them to see if assistance might be available. the other option would be to see if you can find a collection attorney willing to take this on a contingency basis for a percentage of what is collected. Under these circumstances your daughter may also be entitled to punitive damages for the wrongful actions of your mother which would increase the amount she could collect. I believe she has a good case but unless the bank can be shown to have violated it's account agreement the bank will not be liable for any wrongdoing. Here's the website for the Bar Association:

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Previous | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Ely


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide family and divorce law advice to my clients in my firm.
  • LawTalk's Avatar


    Attorney and Counselor at Law

    Satisfied Customers:

    30 years legal experience. I remain current in Family Law through regular continuing education.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years legal experience including family law
  • Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    Attorney experienced in all aspects of family law
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience
  • AttorneyTom's Avatar



    Satisfied Customers: