How could I get my grandmother's insurance settlement? 9 Answers as of August 14, 2015

Grandmother has insurance settlement in her own personal account. Her granddaughter is now age 21. Granddaughter wants access to the funds but grandmother refuses.

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Gates' Law, PLLC | Thomas E. Gates
You need to take her to court to get a court order to release the funds.
Answer Applies to: Washington
Replied: 8/14/2015
Ronald K. Nims LLC | Ronald K. Nims
Why would the granddaughter have any right to her grandmother's insurance settlement? I can't see where she would have any claim on the money.
Answer Applies to: Ohio
Replied: 8/13/2015
Law Offices of George H. Shers | George H. Shers
You do not give us all the facts. ?If the grandmother was appointed by the court to hold in an interest bearing trust account money from a settlement with her grand daughter because of an accident, the money should be immediately turned over to her [normally the account ends at age 18]. ?Check with the bank holding the funds if they will release it. ?If she has it in her own account and not a trust account, she has breached the court order and is liable for conversion. ?Point out to her that she is opening herself up to a law suit and perhaps a contempt of court citation.
Answer Applies to: California
Replied: 8/13/2015
Law Office of Pamela Braynon | Pamela Y. Braynon
I'm sorry there is not enough info here to answer this question properly. From what I can understand if the granddaughter does not have access to the account, she won't get anything. As long as grandmother holds firm. If grandma won't hold out the next best thing is for you to obtain guardianship over your grandmother; it would require you to hire an attorney to do so.
Answer Applies to: Florida
Replied: 8/12/2015
Sebby Law Office
Sebby Law Office | Jayne Sebby
You don't explain why the granddaughter has any rights to the insurance proceeds. And if she does have an ownership interest in the funds, most people are loath to turn over significant amounts of money to a young adult because they fear the young adult will squander the money on things like cars, clothes, trips, drugs, etc.
Answer Applies to: Nebraska
Replied: 8/12/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Unless the settlement proceeds belong to you, grandmother does not have to give you any of the proceeds before she dies.
    Answer Applies to: California
    Replied: 8/12/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Was the insurance settlement for the benefit of the Granddaughter? Did the Grandmother receive the funds as in loco parent is of the granddaughter or as custodian, conservator or as guardian for the granddaughter? If so the funds should be the granddaughter's now that the granddaughter is of majority age. Unfortunately, by depositing the funds into a personal account the grandmother claimed the funds as her own. The granddaughter must take action in court to assert her claim over the funds or to seek damages from the grandmother for converting her funds.
    Answer Applies to: Illinois
    Replied: 8/12/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Whose insurance settlement? If the granddaughter's, it would have gone into a BLOCKED acct. if over $5,000, or possible released to gramma if under $5,000. In any event, if it belongs to grdaughter, she should sue in Small Claims Court if under $10,000.
    Answer Applies to: California
    Replied: 8/12/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Contact an attorney specializing in these matters before doing anything further.
    Answer Applies to: Colorado
    Replied: 8/12/2015
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