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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118720
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My husband and I divorced on July 1996 and there was a

Customer Question

My husband and I divorced on July 1996 and there was a provision in the divorce decree that would provide income for 1 minor child who was in the custody of local county of Summit, Ohio Children's Services Board. The defendant's (mother) attorneyhad a conflict of interest with the plaintiff (father) directly in a previous matter. When the Judge (who is now retired) entered the case she mandated that the divorce proceedings be entered and closed that same day or else begin a new trial. There was a said sum of money to be awarded to the defendant (mother) and the same equal amount to the minor child which was to be decided upon between the parents which never happened due to the plaintiff's mental state of mind. Upon the request of my attorney (mother) those funds were immediately transferred over to the plaintiff's attorney. As of this past Tuesday, Sept 27, the plaintiff is now deceased. The minor child is now 36 and married with 2 children living in another state. The minor child, Erinn, tried to contact multiple times with no return phone call the plaintiff's attorney, Mark Cavanaugh's office (he has been in practice for 41 years) because he is the one who would have had the funds. The real question is: Is there a statute of limitations on a child's trust fund in the State of Ohio because otherwise, those monies that were allocated to my daughter could have
been spent illegally? I actually still have copies of all the documents from that divorce case and I can obtain a certified copy of the father's death certificare because its public record Can you help me so this child can receive what is rightfully due her? Thank you *****
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no statute of limitations on the trust fund. The trust exists until it is terminated by the court or by court order. If the court ordered establishment of the trust, but the trust was never decided, unfortunately, you need a new attorney for you and the adult child (since the child is now an adult and beneficiary of the trust who has to take legal action on their own to get the money promised to them as beneficiary) to go to court and file a petition for an accounting on the trust and establishment of trustee to get the trust established and managed with a trustee appointed. Once appointed the new trustee would have to do an accounting and seek to find out what happened to the money in the trust fund and then would need orders of the court to modify or terminate the trust and turn over the money to the adult child who is now beneficiary of this trust ordered by the court AND possibly go after the estate of the plaintiff if there was mismanagement.
Customer: replied 1 year ago.
Since I need to go to court and file a petition, can I do this myself? I do not have any funds to pay an attorney right now and if I can do this myself, where can I obtain the forms to fill this request out and file it with the court? My daughter lives and resides in Hawaii and it is too far for her come but I can forward the paperwork to her if there is anything she needs to complete on her end. There was NO TRUSTEE assigned to these funds, and reaching this attorney has not been easy.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, no, because your daughter is an adult an attorney will be necessary because an attorney is necessary to represent her as beneficiary in the trust that was ordered. Your daughter does not need to travel, just must have an attorney representing her and you cannot represent her unless you are a licensed attorney and even in that case, because you were a party to the initial court order there would be a conflict of interest requiring an outside attorney to handle this for you to get it all straightened out, because your daughter is entitled to the money in that trust.