What is my legal recourse if my brother signed paperwork stating that he was the sole her of my mother’s estate?

My mother and grandmother purchased a house together 20 years ago. My passed away 12 years ago. I found out yesterday that my brother signed paperwork stating he was the sole heir and distrubutee for my mother and signed a deed stating that he sold his part to an aunt who sold the house 5 years ago for 100’s of thousands. What is my legal recourse, if I have any at all?

Asked on September 5, 2012 under Estate Planning, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you just found out that your brother may have defrauded your mother and/or your aunt concerning the real property that you have written about, you need to consult with a Wills and trust attorney to see if such is true. If true, the next issue is do you have legal standing to bring a legal action against your brother for the fraud with respect to an estate or estates?

If you do, are you time barred by your state's statute of limitations on the claim? If you are, then it makes no sense to bring a legal action against your brother. You just need to remember that he seemingly is dishonest if he did something improper with respect to your mother and grandmother.


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