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 Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21405
Experience:  General practice of law with emphasis in family law.
Type Your Family Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

4 years ago my father threatened to sue me for the money in

Resolved Question:

4 years ago my father threatened to sue me for the money in my utma account. He said that I signed papers as a minor in his custody that said the money in that account was for him to control and take back when I turned 21. He never produced the signed document, but he kept threatening and harassing me so I ended up giving him the money, which I felt was rightfully mine. I later learned that what he did was illegal, and money in an utma is always intended for the child. My father and I aren't on speaking terms, and I realize he cheated me out of my funds. What can I do? Can I get that only back?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Welcome and thank you for your question



I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

 

I am sorry to hear that you have been placed in this situation.

 

I suggest that you are going to have to sue him to get the money returned. So the question is does he have the assets to pay a judgment - in other words is it gonna be worth your time and money to go after him ?

 

With that being said, I suggest that you might consider writing him a letter stating that what he did was criminal and that you want the money returned. State that you will have no other option but to report the matter to the District Attorney if he does not return it - I suggest you say within 10 days from receipt of the letter

 

Mail that letter certified with a return receipt requested.

If he does not, then you need to decide if you want to sue him

 

You can also try to get the DA to file criminal charges against him - and the request the court order Restitution to you - but again, that is only going to get your money if he has it to give

Customer: replied 1 year ago.
He has the money, for sure. My mom also signed the paper and I don't want to get her in trouble. however, my father was emotionally abusive, controlling, and brainwashing her, with many witnesses, so I'm not sure she would be liable.

So if I write him him letter, it is not too late after the incident to proceed with next steps? Can I also sue for legal fees incurred on my end to get the money back?
Expert:  Samuel II replied 1 year ago.

Hello

 

Well, your Mother would also have to be brought in on a lawsuit. But you don't have to do it. Your Father can, if he can prove that she also used or has the money.

 

And yes, you can proceed with the suggestions as I noted.

 

And yes, if you can get a local attorney to assist you, you can ask the court to assess your fees to him since he is the reason you are bringing the case. That is why the letter mailed certified making the request is an important step. It shows the court you tried to settle it out of court.

Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21405
Experience: General practice of law with emphasis in family law.
Samuel II and 4 other Family Law Specialists are ready to help you

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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
< Last | 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:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney