Q: 5 mil lawsuit in 79-80s in which the children of deceased never received any funds from the suit? Can this be recovered
Wrongful death and DUI. Grandma was guardian of children but she was in trouble by the law at the time and they refused to give her the money. Children just learned of the lawsuit and want to know if it can be recovered since they are innocent of grandma criminal activity
A:
1. The children recover the money, not the guardian, so the Grandmother's criminal history would not be relevant. Any money is placed either in a blocked account (not accessible until the children turn 18), or is deposited into an annuity that pays out specified sums on a specified timetable.
2. If the Grandmother was not a suitable Guardian ad Litem for a lawsuit, another person could have been appointed, so she was not a barrier to recovery.
3. If a lawsuit was filed, go to the courthouse (or online) and perform a civil index search for the names of the children, Grandmother, and/or defendants. That will give you a case number. Use the case number to locate the filings in the lawsuit (can also be done online). If there was a settlement or judgment, there will be an order from the court directing where the funds are deposited.
4. If a lawsuit has not been filed, this case is far too old to pursue now. Any statute of limitations would have expired decades ago, barring exceptional circumstances.
5. Your question indicates you are in AZ. Your question landed in a CA forum. If your question concerns an AZ lawsuit, you should speak with an AZ attorney.
A: Not. Enough information. But if case was litigated and a fund set up, it will be necessary to go to court and find out all about the settlement . Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
