How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

When I was ten years old, my successful mother died, and a

This answer was rated:

When I was ten years old, my successful mother died, and a good chunk of life insurance money was left in my name. I would have had access to this money when I turned eighteen. It was supposed to be for me. My father could only get to it if he proved he needed it to take care of me, so that's just what he did when I was around fourteen. But I believe he did this fraudulently and used the money improperly. In fact, he used a most of it to send me away as a quick fix so that he wouldn't lose custody of me when he was in fact neglecting me, which actually traumatized me further. (He even collected survivor's benefits, over a thousand dollars a month when I was fifteen to eighteen, and I'm not quite sure how he spent that because I often went without necessities like clothing, glasses, trips to the dentist etc. When I ask him about this, of course, he tells me that it was used to pay for the mental health care that I did receive in those years. But the math simply doesn't add up. I know for a fact that my treatment bills comprised half of that monthly amount at the very most.) I'm twenty-five now and drowning in debt. When I think about the thousands and thousands of dollars that should be in an account for me, or should have been at least...well, it makes me mad enough to wonder if there's something I can do about it. Can I sue my dad for essentially stealing what would have been my life insurance money?


Thank you for your question and I'm terribly sorry to hear about your situation and what has happened to you. Unfortunately, I do not have good news for you on this question. Your ability to sue your father for defrauding your trust is blocked by the statute of limitations of four years, which began to run when you turned 18.


Customer: replied 4 years ago.



Thanks for your prompt reply. I don't suppose there's any way around the statute of limitations?

There are ways around the statute of limitaions. You would have to argue that you did not discover your father's abusive actions until a date within four years from the date you file the lawsuit. You would argue that this "discovery rule" is an exception to the statute of limitations in this case. Whether the court will allow you to apply this rule is a matter within the courts discretion based on your proof that this exception applies.
TexLaw and 3 other Legal Specialists are ready to help you