QUESTION
Can I still recover the money even it is already passed for three years?
Asked on Oct 01st, 2013 on Estate Planning - Michigan
More details to this question:
My sister kept information on some monies my mother had and it was found out that what she had she kept it all for herself and papers were found showing she had some money. Three years have passed can anything be done?
9 ANSWERS
Yes, but you should move on this as soon as possible. Your time clock will begin running when you knew, or should have known, of your sister's fraud.
Answered on Nov 18th, 2013 at 12:49 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You can sue her for misappropriation of funds of the estate that were due you.
Answered on Oct 02nd, 2013 at 1:14 PM
Thomas Edward Gates
Yes, she would have to pay the share owed to each beneficiary.
Answered on Oct 02nd, 2013 at 12:34 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Three years since you found out or three years since she took the money. If the former, you are out of luck. If the latter, you can sue her for the money and raise the fact that she hid her theft as the basis for tolling the statute of limitations.
Answered on Oct 02nd, 2013 at 11:06 AM
You can file a suit against her for failure to reveal the assets.
Answered on Oct 02nd, 2013 at 10:49 AM
3 Awards
Hard to say without more facts. You should meet with a probate attorney where your mother resided. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 02nd, 2013 at 10:39 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You have not given us anything to go on. What papers? How were the assets titled? Was there a Will? On what basis was your sister able to collect the asset? If she was joint on the accounts, then she is considered the owner. There would not be anything you can do about that unless you can prove that the account was set up "for convenience purposes only." That can be difficult to prove, unless there is a Will that specifically says that. If your sister was named beneficiary of the account, I do not think you have any rights, unless you can prove that your sister set herself up as beneficiary while acting under a Power of Attorney form. These cases turn on facts, and you have not given us any. If you are serious about pursuing this, you need to meet with an attorney and review the information that you have.
Answered on Oct 02nd, 2013 at 10:39 AM
2 Awards
If you should have known your mother had money back then, it is probably too late. If you had no idea and just discovered the money and can prove that you just discovered it and had no idea it existed before, and you can show that she fraudulently took it, you can probably win a case against her but if she has spent the money, what will you recover?
Answered on Oct 02nd, 2013 at 10:31 AM
Divorce Attorney serving Bingham Farms, MI
at
Gottlieb & Goren, P.C.
Update Your Profile
How did she get the money? Was it cash? Was her name on your Mother's account? If you can prove she took it without co-ownership of it with your Mother, you would have to start a probate estate and then proceeding your sister for embezzlement.
Answered on Oct 02nd, 2013 at 10:02 AM