Q: Mother died without a will. My brother used power of attorney to take everything. Can this go to court 10 years later?
Mother had an estate trust
Mother also had a life insurance policy that was hid from me
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- California
- (916) 704-3009
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- Answered
A:
This is a complex situation with several legal issues to consider. Here's a concise overview:
1. Power of Attorney (POA):
- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.
- If he used the POA improperly before her death, that could be challenged.
2. Estate Trust:
- The terms of the trust should dictate how assets are distributed.
- If your brother interfered with the trust, this could be grounds for legal action.
3. Life Insurance Policy:
- Life insurance typically passes outside of probate to named beneficiaries.
- If you were a rightful beneficiary and were denied your share, you may have a claim.
4. Statute of Limitations:
- In California, there are time limits for bringing certain legal actions.
- However, the clock may not start running until the fraud or misconduct is discovered.
Given the complexity and the time that has passed, it would be best to consult with a probate attorney in California. They can review the specifics of your case, including any potential fraud or concealment, and advise on whether you still have legal recourse after 10 years.
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