QUESTION
What is the statute of limitations if the Conservator of an Estate was negligent?
Asked on Mar 27th, 2013 on Estate Planning - California
More details to this question:
A bank was the Conservator of my mother's account and cost the estate $70,000 in damage for failure to look after the property of my mother with dementia. The Court assigned the Conservator.
5 ANSWERS
3 Awards
Nevada does not have conservators so this question is probably not from Nevada. In Nevada a person may have a bank as a Guardian. In Nevada, you would need to review the accountings and reports of the Guardian to see if they have been approved on an annual basis, or if they have been discharged. You should speak with an attorney about bringing an action in the guardianship if a discharge has not been secured or possibly even if the discharge was only secured within the past 6 months. Please meet with an attorney who practices in guardianship in Nevada if that is where the guardianship exists, or the real property is located to assess the Ward's rights against the Bank.
Answered on Apr 01st, 2013 at 8:19 PM
That depends on the facts, the Court?s ruling and whether there was a written contract. The statute of limitations for breach of contract is 6 years. Fraud is probably 3 years from when discovered. Negligence is 2 years.
Answered on Apr 01st, 2013 at 2:15 AM
2 Awards
More information is needed. Did the conservator prepare an accounting? Was the accounting submitted to the court? Was the accounting approved by the court? How long ago was this? How long ago did you find out about it? I recommend you sit down with an attorney to discuss the facts of your situation.
Answered on Mar 27th, 2013 at 2:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need the details and to examine the court file to provide and answer. That is real money, call for an appointment.
Answered on Mar 27th, 2013 at 2:38 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Advise you get probate litigation counsel immediately to sue the bank for mismanagement of the assets.
Answered on Mar 27th, 2013 at 2:37 PM