QUESTION
Does release of estate by beneficiary prevent suit of the closed guardianship that preceded the estate?
Asked on Nov 25th, 2012 on Estate Litigation - New York
More details to this question:
The beneficiary is suing estate to revoke release on false grounds of coercion. Now verbally asks for guardianship files to examine accounting of assets prior to estate. Guardian judicially released in 2010. Estate closed in 2011. Suit brought May 2012.
1 ANSWER
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It's a multistep process. When and if the disgruntled releasor succeeds in having his release set aside, he can conduct discovery regarding the terminated guardianship -- although such discovery might be allowed even at this stage if the basis of the current suit is fraud. You state that it's "coercion," which generally means duress. No facts related to the closed guardianship would generally be relevant to prove duress.
Answered on Nov 25th, 2012 at 8:57 PM