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the childs name does not appear and my name does not appear
thanks for your question. I need more information in order to help you.
1. When you say a guardianship account, where exactly did the account come from?
Was there a legal proceeding that created the guardianship?
2. When you say that you think the attorney kept the money and did not deposit it, have you contacted that attorney and asked for the money? If so, what did the attorney say?
I look forward to hearing back from you.
yes there was a lawsuit where as my daughter was injured at school and the award was to be deposited in a guardianship account at a bank. i don't want to say the attorney kept the money just maybe never made the deposit because the bank has no record and the FDIC or the Comptroller website has no record of my name or my child's name listed concerning failed bank accounts. the attys office is searching for the records but i want to cover all bases and make sure i don't miss something.
thx for your help
This is something that is completely the attorney's job. When a settlement calls for a guardianship account, then the attorney either gives you a check and says "go deposit it in a trust account" or sets up the account for you and deposits it directly there. If you did not ever receive a check and were never given the deposit account information from the attorney, then that means that the attorney still has the money.
This may have been a simple oversight by the attorney, and the money is likely still in the attorney's firm trust account. If the attorney does not give you the money, then you've got a claim against the attorney, and may simply get the State Bar to obtain the money for you through a complaint action.
The fact that neither the comptroller, nor the FDIC, have records of your account does not necessarily mean that there is not an account out there. Not all accounts are reported to the comptroller or the FDIC. It is the attorney's job to keep these records.
If your attorney fails to get you the account information ASAP, write me back and I will tell you where to go from there to get relief.
In the meantime, please rate my answer positively so I might recieve credit.
Please let me know if you have more questions or want to discuss this issue further.
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