What to do if my brother died last month and someone there that helped him a bit has taken all of his assets?
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What to do if my brother died last month and someone there that helped him a bit has taken all of his assets?
Though repeatedly asked for something showing my brother has signed his assets over to her (which is what she is saying). I have received nothing. I am in another state and on disbility so cannot afford to fly there.
Asked on November 8, 2013 under Estate Planning, New Hampshire
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Sorry to hear about your brother.
It would be advisable to have an attorney sue the person who stole your brother's assets for conversion (conversion is theft in a civil case). The damages (compensation you are seeking in the lawsuit) would be a forced sale which is the value of the assets.
Another alternative would be to sue the person who stole your brother's assets for fraud. The remedy you should seek would be a constructive trust. A constructive trust means that the person who stole your brother's assets has to return them to the estate. In addition to this civil case (lawsuit) for fraud, you can file a separate criminal case for fraud. Contact the district attorney regarding the criminal case.
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