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?
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.
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