Statute of Limitations on Probate Claim - Mom's old car?

My sister is Executrix of my Mom's Will. Mom passed away in 2011 and her Estate consits of four portions (mine, brother's, sister, and sister's children). My sister was driving my Mom's car for a number of years, and totalled it roughly March 2015. She received an insurance check for $3,500, and used the FULL proceeds for purchase of another (used) car. She did NOT distribute $875 to either myself or my brother. 1) Is there a statute of limitations for claiming my share of the Estate asset? I think it is two years? 2) Can I file for an "Accounting of the Estate," and bring this to the Probate Court's attention / for Action.

1 Answer

  • 5 years ago

    If the will has been probated, funds were misappropriated. Petition the court to order reimbursement/distribution. If she fails, ask the court to remove her as executor.

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