• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

probate issues

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jayhawk1939

Junior Member
What is the name of your state? Missouri
My Uncle died 15 months ago and his estate is in probate.The personal rep. who is my cousin( who is a lawyer) recently distributed $75,000 to the 9 heirs of his estate.This was a "partial" distribution.There is still $75,000 left in the estate and he wants to sue some people who took advantage of our uncle when he was alive.

All of the heirs feel it is too late for that now,it should have been done right after his death and the rest of our money will be used up on legal fee`s,court costs etc.All of us want him to drop his lawsuit and end this once and for all.

Do we have any rights in this matter? Or can he do what he wants with the rest of our inheritance?We feel it is a lost cause sueing at this late date.What can we do?Thanks [email protected]
 


Dandy Don

Senior Member
Sue the relatives for what exactly? What does he think they did? Did one of them have power of attorney or use undue influence to change the terms of his will? It may be just an empty threat.

If the relatives did something wrong, there is no time limit for being sued--it can happen at any time. If it is a financial burden on them, so what? Justice will be carried out.
 

jayhawk1939

Junior Member
Dandy Don,
He is going to sue some people my Uncle called friends but in fact they cheated him out of money. He had a lot of cats in his house and became friendly with two DVM`S and they somehow gained his power of attorney.They over charged him for animal services,boarding when he was hospitalized etc etc. Plus they apparently removed a lot of money from his bank account shortly after his death.Our Uncle became a recluse and had no contact with any family members for years and he thinks he was taken advantage of by these people. How he intends to prove this is beyond us.

We just dont want our inheritance spent on a lost cause,if his case is feasible then we would have no problem with it,but it has been 15 months after his death,shouldnt he have gone after these people immediately? Thank you
 

Dandy Don

Senior Member
It is not a lost cause, especially if your state has laws against abuse of power of attorney and/or elder financial abuse.
 

peppylady

Member
Fighting over cats and vet bills seems stupid. It will hard to prove. Attorney fees will mount and mount. I don't understand what is wrong with people. Sueing never solved problems
 

Dandy Don

Senior Member
Attorney fees DO NOT have to mount.

If your attorney can prove it is elder financial abuse, the district attorney or police can bring charges without you even needing to sue.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top