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ear PaulmoJD: I first contacted you in April concerning the problem below. I have copies of the rest of our correspondence if you need them. So far, the sitution gets worse and my brother will not see a lawyer. What I want to know is - is there a time limit on when he can sue the trustee for undue influence? I am afraid he won't have enough proof if he delays. Also do I as my nephew's blood-related aunt have any legal right to sue for him. He just turned 21 on August 4 and is very confused on what he can do. H She just spent June and July in the Falmouth house along with 9 of her relatives. My nephew visited for 5 days but could not use his own room as her grandchild was using it. He slept on a pull-out bed in the living room. I hope you can help us. Best wishes, Gloria Michels XXX@XXXXXX.XXX A woman has brain cancer and dies in 7 weeks without a will. Sent to Estate Law Experts April 7 2009 at 12:48 PM A woman has brain cancer and dies in 7 weeks without a will. She has a husband and a 17-yr-old son. Who inherits her possessions including a summer house which she bought before their marriage? During the time she was dying her sister took her to a lawyer and had her make out a trust that gives the summer house to her son when he becomes 27 IF her sister thinks he is responsible enough. The sister, who helped make the trust was made trustee and in charge of any money the wife had (around $60,000 or more, I don't know) to take care of the summer cottage. She lives in Atlanta, and the house is in Massachusetts. Her brain tumor kept the wife from thinking rationally, as we we were told by the sister. The sister claims control of what happens to the house. If the boy dies before he is 27, the house goes to her and after her to her husband. The sister now claims possession of the house for two to four weeks every summer. The husband (widower) was not mentioned in the trust. Please help. Optional Information: Falmouth, Massachusetts A woman has brain cancer and dies in 7 weeks without a will. Sent to Estate Law Experts April 7 2009 at 12:48 PM A woman has brain cancer and dies in 7 weeks without a wil
Already Tried: The trust was made in New Hampshire where the deceased lived at the time of death. Her husband and son live there now. The house in trust is in Falmouth, MA. The trustee lives in Georgia. The son does not have a copy of the trust.
He can sue the trustee for breach of fiduciary duty at any time that breach occurs. This is what his action would fall under in this situation. Your NEPHEW not your brother needs to file his action in court to challenge the trustee in the place where the trust is being administered. You need to talk your nephew into sitting down with an attorney now and have the attorney start a proceeding and obtain a copy of the trust to pursue the claim. Without a copy of the trust it is going to be impossible to determine the exact nature of the violations, but the longer he delays the more likely he will lose his rights under the trust.
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But that is what I wanted to know - how long will it take before my nephew loses his rights? and what makes him lose his rights - a time element or him not doing anything?Doesn't my brother have any rights inasmuch as without the trust being drawn up by the sister-in-law illegally, we believe, my brother and my nephew would be the inheritors of the house.
NH has a 3 year statute of limitations from the date the party knew or should have known of the Fraud to bring an action. Thus, the statute begins running from the time that your brother and nephew knew of the fraud or should have known of the fraud in order to bring an action.
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