Legal Question in Family Law in Pennsylvania

Parental Obligation & Forgery

It has come to my attention by the executor of my grandfathers will that I should have received a large portion of the will. Checks were sent in my name to me and forged by my mother and put into her own accounts. My mother had assured the executor (her sister) that the money was set aside for me, which was evidently a lie and rather used for her own good. I was a minor (16-17yrs old) at the time. Can I pursue this matter? If so, who should I go to?


Asked on 2/24/09, 7:32 pm

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: Parental Obligation & Forgery

it is imprtant to determine whether there is a statute of limitation problem. Since you were a minor at the time the money was sent to you, the statute of limitations most likely two years from the frauulent or neglgent action would not run until two years after you reached the age of majority. In Pennsylvania this is age 18. Therefore in general you would have two years from that date to commence suit. It is possible that if you could not reasonably discover the fraud or negligence until some other time that the two year limitiation may be extended but this is certainly not clear. In addition there may be some equitable legal actions that you may be able to bring if these other possible options are unavailable. You should immediately contact an attorney to sort this out to make a determination whether you have legal recourse. If you were a minor at the time of the disbursement, it is unclear why the executor would disburse the funds to your name directly without seeking legal supervision of disbursement by placing funds in a trust etc. Therefor there may be liability for the executor as well as your mother.

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Answered on 2/25/09, 12:19 pm


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