Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Are we liable for this banks mistake 3 years ago?
If you mean are you required to repay any amount which was overpaid to you, then the answer is yes. This is based on a number of theories of law including one known as "unjust enrichment".
Should we hire an attorney and sue the bank for malpractice?
It would be for negligence rather than malpractice and if you are still owed additional monies from the trust then you definitely could sue them for the extra amounts paid to your siblings. It would appear that the one who has the strongest case would be your disabled sister since the bank's distribution of extra monies really came from her finds if I am reading your facts correctly. You would have to hire separate attorneys for each sibling because there is an inherent conflict of interest which would prevent the same attorney from representing all of you.
Are there any laws in Missouri protecting us from this banks mistake?
Just the common law issues as to negligence. However, as I mentioned above, your disabled sister appears to have the strongest claim. If I read your facts correctly, you already received everything that you were supposed to receive from the trust and thus you really don't have any damages. Your sister, however, had her share reduced by the amount that was paid to everyone else.
Is there a statute of limitations on a demand for return of inherited money?
The statute of limitations in Missouri is 5 years under a breach of contract theory and under an "injury to personal property" argument.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.