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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35018
Experience:  16 yrs. of experience including family law.
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My grand daughter's bank account was emptied by her father.

Customer Question

My grand daughter's bank account was emptied by her father. It contained gifts of money given by members of our family. He was one of 3 people listed on the account, my daughter, my grand daughter and him. Can the family take legal action?
JA: What state are you in? It matters because laws vary by location.
Customer: I live in CT and my daughter lives in MA.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, my grand daughter is 8. Her parent's were never married. Their relationship ended about
Submitted: 5 months ago.
Category: Family Law
Expert:  P. Simmons replied 5 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 5 months ago.

Can you tell me, how much money was taken?

Customer: replied 5 months ago.
1,100
Expert:  P. Simmons replied 5 months ago.

Thank you

Legally, an 8 year old can not "own" anything.

So the money was not hers (again, from a legal standpoint)...the money belonged to her parents, held "in trust" for her.

That said, if the father took the money and used for his own purposes? Her mom can sue the father to recover that money. And this is something that can be resolved in small claims court.

Small claims is a true "peoples court". The formal rules of evidence and procedure do not apply. So you can represent yourself (no need to hire a lawyer).

The process is simple enough. You head to the county court (the county where the he lives) and talk to the clerk of the court. They can get you the forms needed to start. You file the claim, serve a copy on the defendant and wait for your day in court.

In court, be prepared to tell the judge what happened, and bring in copies of any evidence that supports your case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 5 months ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil