Ask a Lawyer - Archive

Hello. My name Kiara. I am a 20 yr old single mother of 2. I have recently moved out of my mothers house into my own apartment. When i was born my mother setup an account in my name, because I began receiving checks from a now late uncle. My uncle would send me checks written in only my name, and my mother would then deposit them into my bank account. Well the account has my mother as the trustee and I'm the beneficiary. Well recently when I moved out my mother didn't like the idea of me moving out with my daughters and is withholding the money from me. She said she isn't giving me any of the money. I wasn't sure if she has a right to do this, or if I have the right to get this money. And also if she will not give it to me will I have a case in court? Thank you for reading.

It seems clear that you're entitled to the money. Now that you're 20, it might be that you can just walk into the bank and get it yourself. This will depend, in part, upon the terms of the trust, if any. It sounds to me like this is just a bank account with your money that your mother was on because you were a minor. I suggest that you march into the bank with your id and withdraw the money. I can't imagine that they can keep it beyond your 21st birthday but am concerned about when your mother's ability to withdraw it will end. For that reason you should visit the bank asap. Best of luck in making your way on your own with your girls.