How DO I Get Wife to Return Funds Withdrawn from Guardianship Account?
Full Question:
Answer:
The answer will depend on all the circumstances involved, such as the nature of the guardianship, the wife's role in relation to the guardianship, and the method used to withdraw the funds from the account. I suggest you contact a local attorney who an review all the facts and documents involved. Some of the legal theories, among others, that may be used to have the funds returned are explained below.
A person who has been unjustly enriched at the expense of another may be required to make restitution to the other. Despite not having a contractual agreement, a trial court may require an individual to make restitution for unjust enrichment if he has received a benefit which would be unconscionable to retain. A person may be deemed to be unjustly enriched if he (or she) has received a benefit, and keeping it would create injustice.
In some cases, a court may use its equitable powers to place an equitable lien on property to achieve fairness, particularly when someone has possession of property which he/she holds for another. A constructive trust gives complete title to the plaintiff, the equitable lien only gives him a security interest in the property, which he can then use to satisfy a money claim.
Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
