What to do if my mother-in-laws’s brother lied about being the only living relative in regard to their mother’s death and took the entire estate?

Is it possible to got to court to remedy this?

Asked on September 14, 2014 under Estate Planning, Ohio

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

Yes, it is possible for your mother in law to reopen the estate and seek her share of the estate that was wrongfully distributed to her brother. Much more information is needed to adequately answer your questions, therefore, it is is highly recommended that you seek an attorney to review all the facts and relevant information and advise you on your course of action.  

Please contact me if you have further questions or would like a consultation.  

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

Answered 6 years ago | Contributor

Was he appointed as the Personal Representative of the estate?  Did he post a bond?  Is the estate still open?  These are questions that must be answered and you should speak with an attorney as soon as possible.  Being appointed by the Probate Court is a fiduciary position and lying is a breach of that duty.  But there are time limitations as well as practical limitations (like if he spends all the money). So please: get help.  Good luck.


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