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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116704
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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husband died no will 20 yrs ago.1/2 of the insurance went in

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husband died no will 20 yrs ago.1/2 of the insurance went in trust with surrogate court and me for my daughter.Have had a rough life drugs alcohol.Haven't kept up with the accounting or paperwork.I want her to get her money quickly - I am going to be evicted and I don't want her going in a shelter with me.She is 21 now... can she just provide proof of who she is and get surrogate court to give her access to her money.I do not want her to live this kind of life.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If the money was held in trust by the surrogate court for her, then yes, when she is 21 all she needs to do is produce proof of her identity to the surrogate court trustee handling that account (the clerk of surrogate court can tell her that by looking in the case file) and the trustee will distribute the money to her in accordance with the terms of the trust set up by the surrogate court.

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Customer: replied 3 years ago.

Never touched the money except once when I petitioned the court for help in keeping our home.They released funds to keep mortgage up and to have a stipend for her care...she was 5.The lawyer was supposed to make an agreement in writing for compensation for her if house ever sold.I got ill and was foreclosed on 3 years later - no agreement ever written..Can she still get her money with no problems? I have made a mess of my life but she is my pride and joy! College and a part time job,dean's list and all the trimmings. I want her to get her money and live the life she is working so hard to have

Thank you for your response.

Yes, she would still be entitled to whatever money is left in the trust. You need to get her to the court to file her request for release of the funds to her.
Customer: replied 3 years ago.

Thank you so much for answering my question! I will send her to surrogates tomw with her State and college id, birth certificate et al.I want her to be happy

Thank you for using JustAnswer. Wish you and your daughter all of the best.

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