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Legal rights against my stockbroker? |
My greatgrandmother and father had put money aside for both me and my brother in various types of account and holdings with A G Edwards. My grandmother and father were also very close friends with their broker. They both past away a few years ago now. I had one set of holdings that was available to me when I became 21, or until I was appointed custodian. The second isnt touchable in any way until I am 25. I am 20 now. After my greatgrandmothers passing, who was the custodian on the account, it went to my grandmother who was the executrix of her estate, and I have left her as the custodian. This past year I had my daughter, who was unplanned. At the time my hubby and I had a sedan and my convertible; not the ideal vehicle for a newborn. I wanted something esle and planned on using this money to purchase it. I intially had contacted the stockbroker when I turned 18 because I wanted to make sure everything was in order and get information as to my account holdings. (typing the rest of the He basically at that time ignored my requests but I never persued it because I had no need for the money and new that I was too young to access it on my own anyway. Well once I found out that I would need a new vehicle I began contacting them and persuing the issue of how to get the accounts put either into my name, or the name of someone whome I knew would help me. My grandmother ended up with it in her name, as I said before. However my greatgrandmother who had put it away for me, while alive expressed to him that she hoped he would never let me touch this money, she was a VERY conservative spender. And my father tried to continue this. I know that legally the stockbroker was only allowed to talk to either me or my grandmother about my accounts and money, however whilst trying to get the money out my dad was on the side begging and convincing him to put me off and ignore my requests. For 2 months he ignored me until eventually I called another broker at that particular firm. If your stockbroker doesn't comport with the terms of the trust obligations, then you can sue to enforce them. My guess is that the lawyers and executives at AG Edwards will make sure that the terms of the agreement are complied with. Your question is too long to understand exactly, but I think you should just drop your concern now that you have the money. The bottom line is that you have the money that your wise GGM didn't want you to have yet, so be happy. Is this a trust fund? If it is, and a stipulation was that you receive nothing until you are 21, and you are 20 now with a check in hand, then you received a gift from the stockbroker. If the trust instructions state that distributions cannot begin until you're 21, then legally you are not entitled to a single dime until you're 21, pregnant or not. The stockbroker probably violated the wishes of your great grandmother and father by paying you early. In reality, you should be sending a "thank you" card to the stockbroker. Whether you have a case or not, it appears that your damages are minimal at best. After your lawyer takes his cut you would be left with very little for your efforts, if you can even find a lawyer to take the case. You have your money, so I suggest that you concentrate on raising your daughter rather than get distracted with a lawsuit. |
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