What can I do if my inheritance was given to someone else?

My grandmother passed away approximately 6 years ago. She left some money for me in her Will. I am assuming that since I was 17 at the time, it was under my father’s name. However, my father gave my sister the money that was left for me. Is there anything I can do?

Asked on November 9, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry.  The acts of your Father would be considered a breach of fiduciary duty.  In the state of California the Statute of Limitations  - the time within which you can bring the suit - is 4 years. However, California has something called the "discovery rule" which extends the time within which to bring the suit from the time that the breach was discovered.  So PLEASE go and speak with an attorney who understands these issues asap.  Good luck.

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