Legal Question in Family Law in Mississippi

Child's Trust Fund

A child was awarded a $10,000 trust fund to be given her at age 21. Her mother was guardian of the trust and has spent all funds on illegal activities approximately two years ago. The judge is now asking her to show proof that the trust is still in place. What trouble can she be facing.

Asked on 1/05/07, 1:28 pm

1 Answer from Attorneys

Jan Butler Jan R. Butler
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Re: Child's Trust Fund

The crime of embezzlement: Section 97-23-19:

  If any director, agent, clerk, servant, or officer of any incorporated company, or if any trustee or factor, carrier or bailee, or any clerk, agent or servant of any private person, shall embezzle or fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods, rights in action, money, or other valuable security, effects, or property of any kind or description which shall have come or been intrusted to his care or possession by virtue of his office, place, or employment, either in mass or otherwise, with a value of Five Hundred Dollars ($500.00) or more, he shall be guilty of felony embezzlement, and, upon conviction thereof, shall be imprisoned in the Penitentiary not more than ten (10) years, or fined not more than Ten Thousand Dollars ($10,000.00), or both. If the value of such goods, rights in action, money or other valuable security, effects, or property of any kind is less than Five Hundred Dollars ($500.00), he shall be guilty of misdemeanor embezzlement, and, upon conviction thereof, shall be imprisoned in the county jail not more than six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.

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1/05/07, 6:47 pm

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