Q: Can I file a motion into the closed case for breach of fiduciary duties or is that a separate case?
On my parents trust case we had a temporary successor trustee for about 8 months and then she was removed after mediation between myself and my siblings. The case has been closed now past the initial statute of limitations. However, only 6 months ago new information previously not disclosed came to light. The trustee had opened a separate bank account and cashed in 3 life insurance policies. We were not notified of the account, the policies, were not billed for anytime related to this, and she didn't report it to the court. I contacted her and she refuses to provide additional information. I contacted the court and was advised to file a motion into the case listing the new info. But is that what I should do if I sue for breach of fiduciary duties or is that a separate court case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- View Profile
- Answered
A:
This is a complex question. If there was fraud the statute of limitations may be extended.
You may need to take multiple steps including reopening the estate, filing an action against the former PR, and so on.
Rather than trying to do this yourself, you should seek legal help.
Please be aware that any answer is based on all the events occurring in Colorado. Further, please be aware that this is not legal advice. This is generic information intended to help the reader develop questions to ask an attorney when they are ready. Each case is different. Anyone reading this answer in need of legal advice should contact an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
