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He postponed my geting dads insurance benifits?can i sue him.? |
I had cancer.on disablity. brother who had power of attorney. and said he would fill out forms and all after dad died. for me to get dads insurance benifits. he lies and postponed saying he sent them off. till i did it my self. two years went by, i could have died. , thats what he wonted. so . i would die and he recieve my benifits, i am single. he would have inheritited my benifits due me.ican i sue him. i needed a car. and would have bought a car. instead of walking for two years. bikes. buses. can i sue him for this at all? Your brother had a fiduciary (legal financial) obligation as your Dad's POA. Your rights depend on your State or Country. The best thing for you to do would be to talk to an attorney. An initial consultation may be free, but it certainly won't cost you too much. The attorney can explain your rights and what you might be entitled to under the law. If your case is worth pursuing or not, your lawyer will tell you. Good Luck. I think that the best thing to do in a case such as this is to seek the advise of a solicitor or the citizens advice bureau,thy are the people to help you It wouldn't have worked out for your brother. If you've survived your father's death by 6 months (usually) you're entitled to your part of the inheritance. That means that if you were to die, whoever has the right to inherit from you (not your brother) would be entitled to your portion of the inheritance. And, you should be able to sue him through probate because he didn't do his fiduciary duty as his father's estate's personal representative. If he had a durable power of attorney, it's doubtful that you have much legal recourse. As laws vary from state to state, your best bet is to seek advice from an attorney so you can also protect any future interests. If you choose to, you can probably assure that someone other than your brother becomes your heir. If you gave him power of attorney, then you really can't do anything. Basically by doing that you said, "He is me." |
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