Legal Question in Family Law in Pennsylvania

Re: safety deposit

Yes, a suit can be brought against the son for the funds.

It would have to be proven that there was $35,000 in the box, it was your husband's money and not the son's money and that he took it without your husband's permission.

However if you obtain a judgment against the son, you can only collect the judgment if the son has $35,000.

Good luck to you.

Re: safety deposit

This is a bad situation. It isn't possible for any of attorneys here to know what is going on in your family. If your husband is divorced, the son may feel that his mother deserves the money or he may even feel that he deserves the money because your husband didn't pay support. Or it could be that your stepson is just greedy. Any way you look at it, it doesn't seem likely to me that your stepson is going to pay the money back voluntarily.

That being said, merely adding your stepson's name to a safe deposit box doesn't make a gift of the contents to your stepson. I think your husband and your stepson should try to work this out together as best they can or agree to a mediation of some sort. It doesn't seem to me that resort to the legal system would serve anyone's best interests.