How do I go about suing my brother for my half of an inheritance from our parents? - Estate Planning Law Questions and Answers- LawQA.com

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How do I go about suing my brother for my half of an inheritance from our parents?

My parents had a living trust. They had a living trust that split everything 50/50 between us. Their house and all accounts were in the trust. My mom died in 1997 and my dad in 2009. My brother sold the house and took the money. How do I go about getting my half from him?

Answer By Christine James
James Law Group
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First, get off sites like this and get an attorney. You may be out of luck based upon how much time has passed already. IF he has any money left to get and IF you have not blown the statute of limitations on these issues, you can file a Petition under Probate Code Section 850 to recover your share, as well as a breach of trust action against your brother.

Answer Applies to: California
Replied: 5/5/2015

Answer By Edwin K. Niles

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Find a lawyer who does trust litigation. You can get a referral from your local bar association.

Answer Applies to: California
Replied: 5/5/2015

Answer By George H. Shers

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Why have you waited almost 6 years since your father's death? ?You do not state when he sold the house. ?Each type of suit has a different time limit as to when you can sue. ?In California, you have 3 years for conversion [some one takes your property and does nor give it back]; I am not sure how much time you would have to argue under a constructive trust claim. ? Immediately find out why your brother sold the property [and how did he sell it if the house was in the Trust there might be a big a problem with getting a clean title]. ?Go to a real estate attorney and find out what they can do for you. ?Bring a copy of all the trust papers and anything about the sale that you have. ?The first 15-20 minutes should be free.

Answer Applies to: California
Replied: 5/4/2015

Answer By Victor Waid
Law Office Of Victor Waid
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Obtain for yourself a trust/probate litigation lawyer, now. The time for filing a suit may have lapsed, but go find out.

Answer Applies to: California
Replied: 5/4/2015

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