Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 month ago

Money owed to brother on 18th bday is already spent, what do?

In 2014 my mom passed away and her 4 kids each got a payout. Also, money was owed to our mom by the state and a sum she was never paid, so it was split between us kids. At the time, i was the only adult so i got my own checks. But my brothers have been minors until the oldest turned 18 last year. This has slipped my mind until events today reminded me, but our legal guardian owes my brother this sum of money she was supposed to save, and she feels entitled to all of it (aka she spent it all and doesnt have it). Now, she specifically brought my name up because she knows that i know she owes him this money. And as the oldest child i feel it is my responsibility to make sure my little brothers get what is legally theirs.

My guardian is a well hated person in my whole family for her narcissistic views. I understand she thinks that because our mom was incompetent at taking care of us and that we owe her something. So she was going to steal the 3rd installment to this payout but now that my brother is 18, she needs to give him the entire amount. Its only $4000 but this isnt the last time shes stolen money, and this so far is the largest amount.

Now i dont want my brother to have 4k in his hands at 18, but legally our opinion doesnt matter and it is HIS money. So far i have told him that it is his business and he needs to talk to her (but knowing her, this will not end well). Ive offered him a room in my house as plan B.

Wanted some opinions on whether or not im in the wrong?

Update:

Terms are its the kids money, not for the guardians. My oldest younger brother lives with our aunt (moms sister), and so did i since i was 6 and my brother was a baby.

The other 2 were had after that time and live with their abled "disabled" dad that scams the government for money when hes more capable of moving around than my own dad.

I took care of the case, the money is meant to be saved for the boys until they turned 18. She illegally spent it all and is attacking me for confronting her.

Update 2:

Their dad also spent it all, but ill deal with that in another 3 and 5 years when the other 2 brothers are 18. I just want to know how to handle this now so that i can handle it for my other bros later. They were all clueless that they had any of the money waiting.

3 Answers

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  • ?
    Lv 7
    1 month ago

    That depends on the terms of everything, you need a lawyer.

  • Anonymous
    1 month ago

    Why is your legal guardian the most "hated person" in your whole family?   You need to consult an attorney who can review the case and recommend the best course of action.

  • Kieth
    Lv 7
    1 month ago

    Take her to small claims court and sue her, each person owed has to file a separate claim, as there is a cap on small claims suits.

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