Legal Question in Wills and Trusts in Massachusetts
Timeframe question regaring clear cut theft.
I think I know the answer to my question but- my mother died in 1981 when I was 10 and my sister was 7. She did not leave a will, had recently divorced from my father, and listed her brother as executer or administrator or something like that. I was only 10 and obviously didn't get the details. The only finacial asset she had was an insurance policiy which listed my sister and I as beneficiaries, but was directly paid to my uncle. Long story short- he spent the entire amount, $200,000 approximately, within 7 years. I was told about the theft when I turned 18, and also that I had two choices; send him to jail or hope he gets me and my sister back later in life. Well, he recently came into a substantial amount of money from a lawsuit and will not hesitate emptying that account as well, due to his reckless lifestyle. Do I have any options legally? My sister and I have been burdened incredibly from this, primarily through thousands in student loans that never should have existed. I would absolutely have no problem pursuing this if it was possible.
Thank you.
2 Answers from Attorneys
Re: Timeframe question regaring clear cut theft.
There is one major problem. The statute of limitation. There are limitation periods in both criminal and civil cases. The reason for these is public policy. However, in many instances, the liitation period is waived or stayed when the the victim is a child, until a comparable period after adulthood. There is also a discovery type exclusion. This is another waiver that comes into effect. The clock begins when the victim knows or should reasonably know that a wrong has been committed.
As you can see, this is something that requires some factual knowledge about yuor circumstance, and maybe even your sister's circumstances, and then a further analysis about if you can now pursue an action. Sometimes waiting is good; sometimes, unfortunately, the "bad person" has gotten away with something.
You need an attorney with whom you can sit and get the facts out. Since your sister was younger, then she has an extra 3 years. You are welcome to contact me and set up an appointment for a consultation. You can call my office at 978.749.3606.
Re: Timeframe question regaring clear cut theft.
The problem is one of the statute of limitations. There are a number of factual issues that need to be reviewed in detail. You should sit down with an attorney.
Who told you your only choices were to send him to jail or wait? When were you told this?
Why was the money paid to your uncle and under whose authority? In what county did your mother die? Go to the Probate Court and get the file on your mother's estate. Get a copy of all letters of authority and accountings.
Then contact an attorney and go over the facts. The time when you knew or should have known that you were defrauded of those funds needs to be determined.
If you have more questions, please feel free to call me.
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