Legal Question in Wills and Trusts in California

Suing a Sister Out of State
My Dad passed leaving his six children, within the marriage 6,000 on an account. My oldest sister name was on it. She sent the other 4 kids a thousand dollars each, and excluded me. I was told about the money by our mother, who said that my sister would make sure we all got one thousand dollars. I then called my sister and she said that she had mailed the check. Time passed and I told her it did not take two weeks for mail to get to TX from CA. She promised that she had sent it, and even repeated my address. After a few more days went by I realized she had lied and I called her on it. She then said I needed to check the post offfice here, which I did, and emailed her. She got upset and said that she would not resend it and that it was not meant for me to have. I told our mother, and she kept telling me that my sister told her she sent it, and another sister said the same. My sister even told me she sent it on the phone. Yet it has been about 4 months, and still nothing! I want my money! What can I do about this? Our died in Missouri, I live in TX, my sister in CA, but she sent checks to San Antonio, TX, Yorba Linda, CA, Kansas City KS, and MO.

Asked on 10/07/05, 1:58 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Suing a Sister Out of State

You MIGHT be able to file a small claims lawsuit in the state where she resides, but not in your state. Of course, you will need to fly out for the hearing on the case and I do not believe that cost would be recoverable.

What your situation is very saddening, but I doubt that you can do much about it. If your sister was a true joint tenant on the bank account, changes are that ALL of the money was legally hears unless there was some written agreement requiring her to share. I'm sure the money belongs to you morally, but I do not believe the laws has a remedy for you in this case.

Answered on 10/07/05, 2:13 pm

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