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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.