What can I do if my sister has stolen my share of our late mother's settlement?
Question Details: 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.
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.
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