How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35406
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
15277592
Type Your Legal Question Here...
LawTalk is online now
A new question is answered every 9 seconds

My mother had severe Alzheimer's since 2010. I was granted

Customer Question

My mother had severe Alzheimer's since 2010. I was granted conservator guardian in Feb 2014. My bother is the executor of the estate. She had no assets. I found out that my brother had forged her name on a distribution form for an annuity that she had and cashed it out and deposited into his personal account. This was done in July 2004. she was 82 at the time. In Georgia there is no statute of limitations for victims over 65. Discovery was only realized in Feb 2015.
Do I have grounds for a civil suit as this money would have gone to the estate and I am named in her will to split any money left.
If I can sue would I be sue on my behalf or my mother's?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a GA licensed attorney.

Because you are only a contingent beneficiary of your mother's estate and because she is still alive, it must be your mother---or more precisely, you mother by and through you as her guardian ad litem, who would sue your brother for the theft to recover the stolen money.

As you may not represent your mother in court---despite the fact that you are her legal guardian, you will need to retain a local attorney---think elder law attorney---to assist the two of you. I wish you success!

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
Ok Doug maybe I was not clear my mom has passed in Feb 2015 my question is do I have grounds for a civil suit?
Expert:  LawTalk replied 1 year ago.

Good evening,

Thank you for the clarification. I am very sorry for your loss.

It is your mother's estate that will have to sue your brother---and that means that you will have to open probate if that has not yet been done, and get the court's permission for you to act on behalf of the estate.

Once you have been appointed as the administrator of the estate you may move forward with the lawsuit through legal counsel.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Related Legal Questions