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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33458
Experience:  16 yrs. of trial experience
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Hello,my co worker and union member held a benifit for my step

Resolved Question:

Hello,my co worker and union member held a benifit for my step son that was in a very bad motor accident,he also work at the same chemicak plant.He does not have long term disabiltyinsurance.The chair person of the beniffit chose to hand the funds from the benfit to his mother,and not his wife.The wife is sueing me and her mother in law for thief.What is the law stand point.There was no contract signed, just agreement to have the benifit with proceeds going to his family. Thank you my name isXXXXX
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This sounds a bit like a mess...can you tell me, what type of "benefit" was this? Was it a donation? Drawing? How was the money collected?

And where did the money go to?
Customer: replied 5 years ago.
It was a bar b que dinner,live auction of donated items,it was also a poker motorcycle run,and raffle.The money was collected by two co workers on the benifit team.The step father , (i work at the plant as well as he) was handed the funds to give to his mother to pay his bills as the arised.The wife feels we have stolen the monies!
Expert:  P. Simmons replied 5 years ago.
Got it..but what actually happened to the money? Do you know?
Customer: replied 5 years ago.
The money is deposit in an account in his mother's name to pay his medical bills>it's a checking account!
Expert:  P. Simmons replied 5 years ago.
Then I do not see a problem.

If the money is available (that is, if you made the money available to the person for whom the benefit was held for) then its not theft.

She can sue you if she likes...that is the beauty/curse of America...just about anyone can sue just abount anyone for just about anything.

But suing and winning? That is a different matter. To sue and win she has to prove you stole the money.

If she can not do that (and the way you describe it, it sure does not seem like she can) she can not win.


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