Legal Question in Wills and Trusts in Maryland

Mother's will; father's disregard: is there a case?

My mother died in 1984, with her will giving instructions on the disbursment of her estate that included college funding for my sister and myself. We were not told anything about the will at the time, nor did we recieve any portion of her estate.

I have (very) recently become aware that my father blatently disregarded those instructions, instead giving those proceeds to his now ex-wifes' family.

My question is that if we choose to pursue this, do we have a case against my father, (esp. at this time, or is there a statue of limitations)?

Thank you.

S.

Asked on 3/17/05, 10:28 am

1 Answer from Attorneys

Jonathon Moseley Office of Jonathon Moseley
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Re: Mother's will; father's disregard: is there a case?

Assuming that the money is still around to be accessed in some form or another, you should have an attorney file a petition for accounting. I don't believe there will be any statute of limitations, that I am aware of. I would double check on that. However, there could be something similar called "laches" which means sleeping on your rights. That means that if you could have found this out by being more diligent, you might not be able to take any action this late. But if you could not have discovered this earlier, then it is not too late.

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3/19/05, 2:56 pm

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