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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son was awarded $60,000 in a law suit when he was 7

Customer Question

My son was awarded $60,000 in a law suit when he was 7 years. I could not be bonded due to a bankruptcy and his father was in prison so the court awarded a attorney to be over his money. My son is now 25 years old. The attorney was paying out $2,000 for
his taxes to be done and he was having to pay taxes. My son was in a private school due to a disability; therefore the money that the attorney was paying the school should have been written off as a medical expense. How does a child have to pay taxes.I only
pay $150 to have my taxes done and get money back. Question: 1. Is it too late for my son to sue for mismanagement of his money? 2. Is it too late to file a complaint against this attorney? 3. Can my son say that he was not aware until just now about the circumstances
of this money and the attorney not acting in his best interest? 4. Can whoever was doing the taxes and being paid $2,000 be sued also?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

The amount charged for handling taxes does seem high and I would assume that this may also include some attorneys fees for handling the same. Your sons taxes because it involved a trust would be a more complicated return and likely cost more than $150 , but I don't know that it would cost 2000. If you were the child's guardian you should have received billing and reporting as to what was being charged. Your son would have two years to sue for malpractice or negligence against the attorney or 4 years under breach of contract breach after your son reached his 18th birthday.

You may also have a claim against the individual who prepare the tax returns if it was not done properly. The same time frames would apply for suits against the tax preparer.

I hope this information is helpful and I wish you the best of luck resolving this problem.