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What can I do?

My mother died of lung cancer and had a
claim for mesothelioma. I was told by my
sister that we had no claim to that
money. I recently found out she
electronically signed my rights over to
her and has been receiving checks since
my mother died.

Asked on February 19, 2019 under Estate Planning, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue your sister for conversion which is theft in a civil case.  Your remedy is to seek a constructive trust which will require your sister to return the stolen funds to your mother's estate.  A constructive trust can be used to trace the stolen funds to acquisitions by your sister.  Those items or their value can be returned to your mother's estate. 
In addition to conversion, your lawsuit should also include a separate cause of action (claim) for fraud.
You can also pursue a criminal case of forgery against your sister.  The criminal case and civil case (lawsuit) are separate and proceed independently of each other.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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