can I sue my mothers estate for my inheritance/trust

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can I sue my mothers estate for my inheritance/trust

my mother sued owens corning fiberglass in the 1980s for my fathers wrongful
death.I was a minor at the time and she sued on my behalf. She died 6 years ago
and had taken me out of the will. So i didnt get the trust that was formed on my
behalf. Her lawyer and guardian wont speak to me about it at all and deny she
sued but its in court records. I live in Louisiana now, what can I do?

Asked on January 27, 2018 under Estate Planning, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  If those funds were earmarked for you and they were held wrongfully from you, you could have a case against the estate.  Call your local bar association and get the name of an estate attorney that does litigation.  You are going to have to lay money out and it could get costly.  Speak with the attorney about first trying to negotiate a settlement (and make sure the retainer is for same) and then converting the retianer to a litigation one if necessary.  Good luck.


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