Tucson, AZ asked in Probate for Arizona

Q: Has it been too long?

My grandmother passed away in 2004 and my sister was the executor of her estate. The trust stated that my mother, my sister, and myself would split everything 3 ways. My sister refused to show us documentation of what the actual amount of the inheritance was, but after my mother passed away in 2021, I found all of the bank statements showing what all was in the trust. Out of an approximate $500,000.00 inheritance that was to be split amongst us 3, I only received $30,000.00 and my mom received less than that. Has it been too long for me to take my sister to court for the money she took?

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1 Lawyer Answer

A: I need to know more of the facts before I can advise you. There are two issues here, not just one.

The first issue deals with this question: after 20 years, can you still take legal action? This is a statute of limitations issue. Under certain circumstances, the statute does not start to run until the cause of action is discovered. If the right facts exist, it may not be too late to bring a claim.

The second issue deals with the question of should you bring a claim? Does your sister still have the money? If you sue her and win, can you collect? Does she have substantial assets to collect from? Unless she is a person you can collect from, I would not recommend incurring legal fees in collection litigation.

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