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Tax Refund Check is Being Withheld by a Parent

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  • 12-24-2017, 09:15 PM
    D-town
    Tax Refund Check is Being Withheld by a Parent
    My question involves collection proceedings in the State of: Texas, apparently my mom doesn’t get it that the check belongs to me. She opened my mail which is federal violation. My moms trust estate apparently does not understand that them mismanaging my assets is a not ok. What is the charges that are equitable here?
  • 12-24-2017, 10:22 PM
    Taxing Matters
    Re: Tax Check Being Withheld by Parent
    There might not be any criminal actions here. More information is needed. First, how old are you? If you are under 18 that makes a big difference in how this plays out. If you are an adult, were you determined to be incompetent and a guardian or conservator appointed for you? If so, is that guardian/conservator your mother?

    If you are not a minor and not under a guardianship/conservatorship what reason is mother holding the tax check and what kind of tax check is it (personal income tax return, or something else)? And what does a trust have to do with the refund check?
  • 12-26-2017, 07:58 PM
    D-town
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting Taxing Matters
    View Post
    There might not be any criminal actions here. More information is needed. First, how old are you? If you are under 18 that makes a big difference in how this plays out. If you are an adult, were you determined to be incompetent and a guardian or conservator appointed for you? If so, is that guardian/conservator your mother?

    If you are not a minor and not under a guardianship/conservatorship what reason is mother holding the tax check and what kind of tax check is it (personal income tax return, or something else)? And what does a trust have to do with the refund check?

    No. I’m a adult. The check is a income tax check for my distribution. The trust I’m guessing is a whole another issue all together. They ok’Ed a distribution to a non beneficiary for 100k. Trustee liability in my state is between 250-750k and there’s 3 of them.
  • 12-27-2017, 06:34 AM
    cbg
    Re: Tax Check Being Withheld by Parent
    Whose address did the check come to? Yours or hers?
  • 12-27-2017, 11:32 PM
    D-town
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting cbg
    View Post
    Whose address did the check come to? Yours or hers?

    Hers. Got it today. She threatened to sue me. She abandoned my sister and I’m gonna contact cps about that. Subpoena my uncle, brother and dad, plus maybe sister to testify against her.
  • 12-28-2017, 11:46 AM
    llworking
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting D-town
    View Post
    Hers. Got it today. She threatened to sue me. She abandoned my sister and I’m gonna contact cps about that. Subpoena my uncle, brother and dad, plus maybe sister to testify against her.

    You are doing a very poor job of explaining the overall situation. If your mother really distributed 100k from a trust to someone who is NOT a beneficiary then you need to get a lawyer involved, who can hopefully get the full story from you.
  • 12-28-2017, 02:09 PM
    Mercy&Grace
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting D-town
    View Post
    Hers. Got it today. She threatened to sue me. She abandoned my sister and I’m gonna contact cps about that. Subpoena my uncle, brother and dad, plus maybe sister to testify against her.

    If your sister is a minor. It is highly unlikely a Judge will allow her to testify if you find a lawyer to sue your mother regarding the trust..

    Your mother abandoning your minor sister is a separate issue. You have nothing to do with that

    You do need to stick to the topic this discussion is addressing. You can start another discussion about your sister in the correct section.
  • 01-05-2018, 11:42 PM
    D-town
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting Mercy&Grace
    View Post
    If your sister is a minor. It is highly unlikely a Judge will allow her to testify if you find a lawyer to sue your mother regarding the trust..

    Your mother abandoning your minor sister is a separate issue. You have nothing to do with that

    You do need to stick to the topic this discussion is addressing. You can start another discussion about your sister in the correct section.

    she maybe a millennial, but is not a minor. she was born in 98.which section would that be?child abuse and neglect I have quite the paper trail proving that, so I doubt thats correct.

    Quote:

    Quoting llworking
    View Post
    You are doing a very poor job of explaining the overall situation. If your mother really distributed 100k from a trust to someone who is NOT a beneficiary then you need to get a lawyer involved, who can hopefully get the full story from you.

    lamens terms, the trustees oked the distribution to a third party on her behalf. they have sole discretion. The only time someone who is not a linear descendent can get money distributed is on behalf of a beneficiary who at the time is a minor. so that means, they are in breach of trust. they have threatened me that they will cut me off if I have a arbitrator remove her as primary beneficiary, the thing though if I don't do something the abuse will continue. the only thing I have to stop that from happening is a MOU.
  • 01-06-2018, 05:29 AM
    bcr229
    Re: Tax Check Being Withheld by Parent
    You need an attorney not a message board.
  • 01-06-2018, 06:48 AM
    llworking
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting D-town
    View Post
    she maybe a millennial, but is not a minor. she was born in 98.which section would that be?child abuse and neglect I have quite the paper trail proving that, so I doubt thats correct.

    lamens terms, the trustees oked the distribution to a third party on her behalf. they have sole discretion. The only time someone who is not a linear descendent can get money distributed is on behalf of a beneficiary who at the time is a minor. so that means, they are in breach of trust. they have threatened me that they will cut me off if I have a arbitrator remove her as primary beneficiary, the thing though if I don't do something the abuse will continue. the only thing I have to stop that from happening is a MOU.

    You need an attorney
  • 01-06-2018, 09:16 AM
    Dogmatique
    Re: Tax Check Being Withheld by Parent
    Amongst other things.

    (And really, post hx is necessary)
  • 01-06-2018, 12:25 PM
    eerelations
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting Dogmatique
    View Post
    (And really, post hx is necessary)

    Really, wow!
  • 01-09-2018, 07:14 PM
    D-town
    Re: Tax Check Being Withheld by Parent
    Quote:

    Quoting Dogmatique
    View Post
    Amongst other things.

    (And really, post hx is necessary)

    Wouldn’t mind some help. One of the trustees is saying she signed the original MOU, I have copies that isn’t so. She’s trying to get them to charge me interest on the 12k for a totaled car and additional 4K, they didn’t distribute the 8,400$ from last year and 2,400$ from this year. I offered the difference of 4,200$ to be left alone because she oked work on my car. What do I need to do to stop this or have her court ordered to receive psychological help? Told 2 of the trustees that it’s not possible for me to get help and her not, because that won’t solve anything. One of them agreed, my uncle did not and told them that it’s bullshit that I have to change only.

    Diagnosed ptsd because of child abuse and neglect and adhd, NPD symptoms because of flux actions in my self esteem due to abuse.
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