Q: Uncle stole money from our grandmother's lawsuit.
My grandmother was struck by a truck that ran a red light, our family sued and was awarded a large amount of money. My brother and I were supposed to receive $41,000 each. We were never aware of the lawsuit or the awarded money until an aunt mentioned it. We were furious and apparently our uncle was supposed to make sure my brother and I received our share but instead just kept the money. Is this a crime? What legal recourse do i have? What should i do?
A:
Assumiong he didn't have an estate opened, the Attorney General's office might be someone to spaek with. If an attorney was involved, the bar association should know. Suggest you find the court papers, make a copy of the docket sheet, look up the entries on the judgment, see if there was an estate open, copy those returns and other information .
You may also want to contact a member of the CAOC who handles attorney malpractice if an attorney was involved. Do not mention this on Facebook, do not make any accusations on any social media.
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A:
If you were minors, you have until you reach age 18 plus 2 years to bring a cause of action. If you are adults, then I am at loss, how a case could be filed without your father being notified.
Also, it depends on whether your grandmother had a will or a living trust which would have determined who inherited her estate.
If she died without a will, then her property would be distributed in accordance with PC 240 (Intestate succession). If any of your parents was a direct (deceased) descendant, then his/her portion would pass in equal shares between all your siblings. Please see the applicable law below:
PART 6. DISTRIBUTION AMONG HEIRS OR BENEFICIARIES [240 - 249.8] ( Part 6 enacted by Stats. 1990, Ch. 79. )
CHAPTER 1. Intestate Distribution System [240 - 241] ( Chapter 1 enacted by Stats. 1990, Ch. 79. )
240.
If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue.
(Enacted by Stats. 1990, Ch. 79.)
241.
Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor occurred before January 1, 1985, and the law applicable prior to January 1, 1985, shall continue to apply where the death occurred before January 1, 1985.
(Enacted by Stats. 1990, Ch. 79.)
Whoever is named the executor by the Court has a fiduciary duty to provide each heir his rightful portion of the estate of the intestate decedent. If the executor fails to do so, then the harmed heir can go to court and ask the court for an accounting and reimbursement of it proportionate share. Best of luck.
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