Do I have a case against my father if he spent the settlement money on himself and my brother? 2 Answers as of September 13, 2016

My family won a settlement. I was named a plaintiff because of my extensive injuries when I was 8. I never saw a penny of the settlement. Was my portion to be put in a trust until I'm 18? My mom was killed in the car that I was also in. Just her and I in 1971. Settlement came in 1979. Yet, I saw no trust in my name.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
If your portion of the settlement was $5,000 or more, it would have to have been placed in a blocked acct., which you could access at 18. if no-one in the family knows which bank, you can look at the court file and the receipt will tell you. If you don?t have the court case no., you can find it by indexing your name (it may be under dad's name).
Answer Applies to: California
Replied: 9/13/2016
Law Offices of George H. Shers | George H. Shers
The settlement money definitely should have been placed in a trust which could not be invaded [any money taken out] until you turned 18. If your father and brother used your part they can be sued. ?I do not understand why your attorney and the defendant's insurance company did not demand the money be put into a trust. Depending upon when you found out about the misbehavior and how old you were [time to sue would normally start when you turned 18], you might also be able to sue the insurance company and your lawyer. ?See an attorney immediately if it has been less than one year so your suit is not barred.
Answer Applies to: California
Replied: 9/12/2016
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