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  1. #1
    Join Date
    Feb 2014
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    USA
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    Default Tax Refund Check is Being Withheld by a Parent

    My question involves collection proceedings in the State of: Texas, apparently my mom doesnít 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?

  2. #2
    Join Date
    Oct 2014
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    8,238

    Default 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?

  3. #3
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    Default Re: Tax Check Being Withheld by Parent

    Quote Quoting Taxing Matters
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    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.

  4. #4
    Join Date
    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Tax Check Being Withheld by Parent

    Whose address did the check come to? Yours or hers?

  5. #5
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    Feb 2014
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    USA
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    Default Re: Tax Check Being Withheld by Parent

    Quote Quoting cbg
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    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.

  6. #6
    Join Date
    Oct 2006
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    16,474

    Default Re: Tax Check Being Withheld by Parent

    Quote Quoting D-town
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    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.

  7. #7
    Join Date
    Jun 2014
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    3,212

    Default Re: Tax Check Being Withheld by Parent

    Quote Quoting D-town
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    Hers. Got it today. She threatened to sue me. She abandoned my sister and Iím 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.

  8. #8
    Join Date
    Feb 2014
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    USA
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    90

    Default Re: Tax Check Being Withheld by Parent

    Quote Quoting Mercy&Grace
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    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
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    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.

  9. #9
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Tax Check Being Withheld by Parent

    You need an attorney not a message board.

  10. #10
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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

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