Casa Grande, AZ asked in Civil Litigation and Wrongful Death for California

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

2 Lawyer Answers
William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

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.

Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez
Answered
  • Berkeley, CA
  • Licensed in California

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.

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