QUESTION

My father passed away approximately ten years ago. Unbeknownst to me he had left me some money which my uncle kept from me.

Asked on Sep 27th, 2021 on Civil Litigation - Arkansas
More details to this question:
I know the statue of limitations has passed on my dad's death. But recently, my uncle had his finances examined in another lawsuit. This money was part of it. I heard that I might be able to now sue my uncle due to this new case. Can I?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Probably.  First, in some cases the statute of limitations doesn't begin to run until the injured person discovers or should reasonably have discovered the wrongdoing.  I don't know whether this is the case for this claim in AR.  Second, your uncle may be viewed as a fiduciary to you, which could (again don't know the law in AR) be another reason to toll the limitations period.  BTW, from what you've written, I'm guessing that  your uncle may have been the executor of your father's estate, which would make him a fiduciary even if you weren't related.
Answered on Sep 27th, 2021 at 2:08 PM

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