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What can I do?
My mother died of lung cancer and had a
claim for mesothelioma. I was told by my
sister that we had no claim to that
money. I recently found out she
electronically signed my rights over to
her and has been receiving checks since
my mother died.
Asked on February 19, 2019 under Estate Planning, North Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can sue your sister for conversion which is theft in a civil case. Your remedy is to seek a constructive trust which will require your sister to return the stolen funds to your mother's estate. A constructive trust can be used to trace the stolen funds to acquisitions by your sister. Those items or their value can be returned to your mother's estate.
In addition to conversion, your lawsuit should also include a separate cause of action (claim) for fraud.
You can also pursue a criminal case of forgery against your sister. The criminal case and civil case (lawsuit) are separate and proceed independently of each other.
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