Legal Question in Family Law in Arizona

A friend of mine is 20 years old. When her parents divorced there was a stipulation about her getting a trust of money from her mother when she turned 18 (or went to college) her mother has since removed the money from the bank account that was setup for her and deposited it into an accouint that only the mother has access to. Can she sue her mother for the money's that were withheld... Also, the mother has been paying for the daughters college spending unknown amounts from the account as well... If the mother cannot produce any accounting information what would happen in that case... Also, Her mother is controlling her life (what college to go to, what classes to take, what to spend any money she gives her on) with the money in the isolated account and has threatened to stop paying any future monies to her. What if any other actions would you suggest she takes to rectify this problem?

Thanks for any help you can give...


Asked on 8/03/09, 6:18 pm

1 Answer from Attorneys
Joan Bundy Joan Bundy Law

You present several different questions. First of all, I wouldn't be able to intelligently comment on the trust situation without seeing a copy of the dissolution decree or other legal instruments relating to it. If the daughter was supposed to get full and sole access to the money when she turned 18 or went to college, it doesn't make sense that the mother has sole access. I think it would be appropriate for the daughter to ask for an accounting of the funds that were in the account initially, what interest or investment income has been added to it, what has been withdrawn from it, when and for what, and how much money remains. At least it appears that at least some of the money is being spent on the daughter presumably in her best interests. However, the control factor is concerning. I would suggest starting with demanding an accounting and depending on the outcome of that ask for a new trustee to be named and/or the moneys transferred to the daughter. Best of luck!

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Answered on 8/11/09, 7:52 pm


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