A court order is needed to block a bank account. A blocked account is usually created to protect a money judgment awarded to minors and adults who have been appointed a guardian or conservator. Conversely, a court order is also required to release money from blocked account. A withdrawal from a blocked account is only granted by a court order. Ordinarily, a petition to release money from blocked account is filed once the minor reaches 18-years of age. On occasion, the court may grant a parent, guardian, or custodian of the minor permission to withdraw a specified amount of money from the account if the parent, guardian, or custodian can demonstrate that such a withdrawal is both necessary for and in the best interest of the minor or conserved adult. Read on to learn more about how to release money from a blocked account.
How to Obtain a Court Order to Release Money from Blocked Account
Briefly, before filing your petition to release money from blocked account, collect the following information:
- The name of the minor or conserved adult’s legal name;
- The case number referring to the blocked account order;
- Information about the blocked account including the name and address of the bank branch holding the account, account number, and the current balance; and
- Any previous orders that may have affected the account.
In order to petition for withdrawal of funds, you must file several forms that explain why you are requesting the funds be released. If the request is approved, the court will issue a formal court order to allow the withdrawal and release of money from the blocked account.
A petition and order should be all that is needed to petition the court to release money from a blocked account for a minor who is now 18-years of age. On the other hand, if you are requesting to withdraw funds for a minor (17-years or age or younger), there may be other documents required. In addition, you will need to provide other evidence to show that it is necessary and in the best interest of the minor. Be as detailed as possible when explaining why the funds need to be withdrawn. The court will likely request more information to make sure the withdrawal is in the minor’s best interest. Contact A People’s Choice for more information about the type of information the court may ask for when filing a petition to release money from a blocked account.
Once the documents have been prepared, they will need to be filed with the court and a hearing scheduled. The court will either grant or deny the request to withdraw funds or issue other orders. Keep in mind, if the court grants the request, the minor can ask the custodian to account for assets held in his or her name. Furthermore, the child’s relatives can also ask for an accounting.
You do not need to hire an attorney to file a petition to release money from a blocked account. The process may vary depending upon the circumstances and whether or not the underlying court order was through a guardianship, conservatorship or probate proceeding. At A People’s Choice, we can help you draft all the required documents you need and file them with the court. Contact us today for more information about how to release money from a blocked account.
I need help with getting funds released, should i contact a lawyer?
It would be up to you whether you want to hire a lawyer or our service to help with the process. Obviously using a lawyer will be substantially more expensive. You might want to give us a call first at 800-747-2780.
If the petition is granted, does the court notify the bank directly or does the court give the order the individual that has requested the petition to take to the bank, to unfreeze the account?
It is up to the individual to process the order with the bank.
I did everything I was supposed to , to release my block trust and the court denied it by saying that I am not allowed to petition for myself because I was represented by an attorney in the case .. so I have to have the attorneys send me something saying they don’t represent me .. but I have been rached out to the attorneys many times but they just bullshit around and They never get back to me .. I live in California , incident took place in Las Vegas Nevada and that’s where the lawyers office is too .. so I can’t physically sit there until they do something like I normally would… is there another way to get the lawyers to acknowledge me ? Or a way around the proper person issue? The judge said I submitted fugitive documents because I’m not in proper person .. but it’s my case and my money :/ my mom was the guardian but I’ve been 18 since 2014, I’m 23 now and still can’t get my money :/
You may want to file a complaint with the State Bar association if the attorney is refusing to sign a Substitution of attorney. As long as an attorney is on record, you cannot file any documents in pro per.
We stay in Arkansas. My 6 year old daughter has a block account and she constantly begging to me to take her to Disney World? Can I use the funds to take her there?
Probably not but you may want to talk to an attorney.
My spouse passed and the bank has the account on hold and is asking for documents and I’m not sure what documents I need..
I went to the probate court house and was told that they can’t assist me with any information on what I should do or what forms I need..
I didn’t work I took care of my disabled spouse.
I don’t have any money for the bills or food..
How can I retrieve the money from the bank
There are different ways to settle a small estate. You may want to give our office at call at 800-747-2780 to discuss how we can help you with the required paperwork if the estate is under $150,000.
I would like to switch my son’s bank account (which is a surrogate’s account) to another bank because the bank it is in does not offer interest on the funds. I found another bank with better rates that offer great apy and I think this would benefit him in the long run since this is the money he will use for his education. Would the Surrogates Court allow the transfer of funds to another bank?
I am not sure. We do not have Surrogate Courts in California. You would probably have to file a motion to change the account.
My daughter is now 18 and attempted to withdraw her funds but the bank informed us it is on hold. We only have 5 days to make changes without penalty. How do we file a peitition and get the funds released in such a short period? Or can we dispute the terms? This is a CD account.
I an not aware of any “fast” manner to do this. We could certainly help you with the paperwork but the process is not a fast process.
If you’ve already filed the petition papers and are waiting for a judge to sign them do they mail you the papers or do you have to pick them up they told us four weeks and I just assumed they would be mailing us the papers to unlock the account
If we did not prepare your paperwork we would not be able to comment on this. We have no idea what you filed or whether it was proper or complete.
My daughter was in a car accident and her settlement funds were placed in a trust fund at the court. She wants to finish her bedroom with a desk and chair, a futon for her friends to sleep on, a chest of drawers and night stand. She is athletic so she needs her basketball fee and soccer fee paid for the upcoming school year, as well as the registration fee to her high school. She also would needs school clothes, shoes, and athletic shoes. How would I petition the court for her so that a hearing can be held before school starts in August?
I would talk tomorrow an attorney to see what options you may have.
My ex husband, my sons father, passed away his life insurance funds are in a restricted account do you think there is any chance the judge will award me monies to pay off debts that I accumulated in the last year of his life filing custody motions?
Hard to say what a judge will think on this issue…
Who files the petition to release the funds from the blocked bank account? Can the minor file when they become of age?
Yes I believe the minor can make the Petition.
My daughter is turning 18 in a couple months she has a blocked bank account it’s at a Chase bank account it was open in Michigan and we live in Kentucky can a Kentucky judge release the funds turns 18 because the conservator case has been closed for the past 10 years
I would suggest you talk with an attorney in Michigan.
What if I can’t find the court case…
you may have to hire an investigator to search all of the county records.
My mother passed away when I was 12 and a settlement was set due to the fact it was the hospitals fault. The money was put in a CD, and I would be able to access it when I turn 18. I’m 18 now and I did all the necessary paper work at the courts, and I was told a judge had to sign it. I’m just wondering how long would it take ? I was told nothing at the courthouse. I don’t know if I go to the bank that has my CD and show them my recipet that I paid for filing or what ?
The amount of time each court takes to process documents and/or set hearings will vary. I would first make sure you did the process correctly. If you did, contact the court to follow-up and find out what the delay is. Obviously you will need a Court Order to have the monies released by the bank.
I am 21 years old and I was in a car accident when I was two years old and lost one of my leg. I was rewarded a law suit lump sum and my money was put into a trust fund. My father recently died a couple years ago and he was my guardian. I want to have charge of my money and I don’t know what to do. Also I don’t know how much money is left in my account. Please give me some advice.
Do you know where the account is? Have you tried contacting the bank? You may want to do some initial investigation as you will need detailed info to request the release of the blocked account. Checking the court record may help.
Try the look up your court case and see if you can determine what the court order said. It may provide information about where the bank account is. Then you could seek to have the account unblocked.
How do you look up your court case
Go to the court’s website and look for online services.
Do courts ever allow for funds from a blocked account to be transferred to a different bank? My son has a court blocked account, personal money market that yields only .25% Annual interest. When our attorney chose the bank they offered .3% which was pretty competitive almost 10 years ago. The bank has since then been bought out and reduced its APY. I have my own money market acct with 1% APY and thought my sons money would be better off in another bank for the next 6 years. Thoughts?
That is an interesting question. You may have to file a motion with the court to change the bank.
My cousin is giving me a power of attorney to request on his behalf to withdraw his blocked bank account. Money was from insurance when his mom died. He lives in the Philippines, 17 year old about turn 18 in 2 months. The power of attorney will be signed by him in US embassy in Manila, Philippines. I live in San Diego, the bank is in Santa Clara county. I really want to help him get his money that he’s gonna use for college. His mom left the country to work as a nurse then contracted cancer without seeing her son ever again, he was 6 years old when she died.
He’s not able to come to USA as he need to get a visa and he’s busy with school.
Do I need to hire a lawyer to petition for release/unblock the account?
I do not believe a power of attorney will work in a legal proceeding. Your cousin will probably need to hire an attorney directly to represent him and in appear in court on his behalf.
How can I help him find an attorney? Does it have to be a specific kind that deals with these issues?
Does it have to be local to the Santa Clara county court so he doesn’t have to pay transport hotel etc.?
Thanks for your help, I really like your website.
Obviously if he hires an attorney in the county where the case is that would he cheaper because they are local to the court. He would definitely want to hire an attorney who is familiar with these types of situations.
I have unclaimed Funds but required a court order signed by a judge for release any suggestions?
I’m not sure I understand the entire situation. I would suggest you contact our office at 800-747-2780 and speak with one of our staff personally.
My son has a blocked account due to a judgment received while being a minor. My car broke down and I lost my job We are facing eviction. Can I get a judgement to receive the amount of the eviction so that we can avoid becoming homeless?
You could ask but there are no guarantees.
How do you ask? I’m in the same situation
Typically you would need to file a Petition to release money from a blocked account. Contact our office if you need help.
If ever an overseas sent money to a branch and that branch will directly sent to my bank account but suddenly its been expired bank account and in the otherhand. My card account was holded by my sister what should i do to take and release the money from my. Bank account??
I don’t really understand your question but I think you probably need to get legal advice from an attorney.