About my fathers life insurance?
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About my fathers life insurance?
Hi My question is about my dads life insurance.
When my father past away 15 years ago, my brother
got in charge of his life insurance. We trusted him
because we thought the he knew what he was doing
and obviously hes my brother. We dont know how
much was the life insurance and also the donations
the other people gave us. We bought houses in the
past and cars, but without knowing if we gained
anything when we resold it. Basically we are not
informed or aware of what was going on with the
money or if theres any left overs. My question is do I
have any right as a sibling to ask him for a detailed
explanation on what happened to my dads life
insurance and money??? And if so what happened If
he spend it or used it Without us knowing about it?
Do I have a right to sue him if he refuses which I
really didnt want to do? Thank you so much.
Asked on June 8, 2018 under Insurance Law, Nevada
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You have the right to demand an accounting from your brother.
If your brother misappropriated the funds, you can sue him for conversion which is theft in a civil case. Your remedy is to seek a constructive trust which would require your brother to return the funds to your father's estate or acquisitions made with the funds or the value of those items purchased with the misappropriated funds.
However, since 15 years have elapsed, it should be determined whether the applicable statute of limitations has tolled (expired). If the statute of limitations has expired, your lawsuit will be barred.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You have the right to demand an accounting from your brother.
If your brother misappropriated the funds, you can sue him for conversion which is theft in a civil case. Your remedy is to seek a constructive trust which would require your brother to return the funds to your father's estate or acquisitions made with the funds or the value of those items purchased with the misappropriated funds.
However, since 15 years have elapsed, it should be determined whether the applicable statute of limitations has tolled (expired). If the statute of limitations has expired, your lawsuit will be barred.
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