Legal Question in Disability Law in Ohio

In April of 2004 my son was awarded $250,000 for injuries received when a driver struck him while waiting at a stop light. Shortly after receiving these funds my son's father, with whom he lived with at the time, instructed him to sign the check over for deposit into a joint banking account to be invested at a later date. Shortly after my son turned 18 he began to question where the funds were. His father to this date will not discuss or provide any information on the whereabouts of the settlement money, nor how the settlement had occurred. He did have an Attorney at the time but has refused to divulge any information on the Attorney in my son's case.

My son's father, having a sex change in 1998 presented himself to be my son's biological mother when dealing with all parties involved in the case. In addition, he pursed punitive damages on my son's behalf as his biological mother, willfully keeping any and all information from me in regards to a possible settlement that would require my direct involvement. My son was a minor at the time of the settlement and due to the large sum it is required that it go through probate however, we cannot locate any records of the settlement in probate or civil court records. Also there are no records of any taxes paid on the receipt of the settlement.

I have many questions but my first is, has a crime been committed; is it considered fraudulent to present himself as my son's biological mother, especially when paternity has never been determined; what are the possible actions against my son for taxes not paid on the settlement; what recourse does my son have to obtain the funds his father refuses to return to him; what is the statute of limitation on a case such as this; and finally, if any law has been broken, how would my son go about pressing charges against his father and what charges would my son be filing against him?

I'd appreciate any help anyone can give as we are truely lost in this matter not knowing where to begin.

Thank you


Asked on 6/04/10, 2:19 pm

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This is quite the story. This forum is not the place to get answers because this case is just too complicated and has many issues. You really need to speak to an attorney who can research the issues and guide you.

Neil Scott Rubin

Attorney at Law, LLC.

P.O. Box 691

Twinsburg, Ohio 44087

phone: 216-923-0333

fax: 330-405-0907

email: [email protected]

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

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Answered on 6/07/10, 5:57 pm


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