Can I sue my aunt for taking $250,000 from me while I was a minor since it wasn’t supposed to be messed with as stated in my mother’s Will?

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Can I sue my aunt for taking $250,000 from me while I was a minor since it wasn’t supposed to be messed with as stated in my mother’s Will?

Asked on June 1, 2013 under Estate Planning, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue your aunt for conversion.  Conversion is a civil case (lawsuit) for theft.

Your damages (the amount of compensation you are seeking in your lawsuit) would be a forced sale (return of the money that was taken).  If the money was used for purchases, etc., you can recover the proceeds (the items or their value).  Considering the large amount of money that was taken, you may also want to pursue criminal charges in addition to the civil case.

If you are at least eighteen years old, you can file a lawsuit in the civil case.  If you are still a minor, you will need to have an adult appointed guardian ad litem to file a lawsuit on your behalf because a minor cannot file a lawsuit.


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