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  1. #1
    Join Date
    Mar 2019
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    Default Can You Sue a Guardian for Embezzlement and Murder of Your Spouse

    My question involves civil rights in the State of: can I sue my dead husband's guardian and conservator? They robbed 1.3 million estates, left us homeless then murdered him. Can I sue them?

  2. #2
    Join Date
    Oct 2014
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    7,204

    Default Re: Husband Murdered by Guardian and Conservator

    Quote Quoting lakeplay2
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    My question involves civil rights in the State of: can I sue my dead husband's guardian and conservator? They robbed 1.3 million estates, left us homeless then murdered him. Can I sue them?
    You did not mention the state, and that matters because whether you might successfully sue the guardian/conservator depends on the applicable state law. It might be your husband's estate that must sue. It also depends on the details of what happened. I suggest you see a personal injury lawyer about this. Most give free initial consultations.

  3. #3
    Join Date
    Jan 2019
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    Pugetopolis
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    58

    Default Re: Husband Murdered by Guardian and Conservator

    If you make your case, and they did in fact commit murder, the answer would be yes.

    How did they commit the crime?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,895

    Default Re: Husband Murdered by Guardian and Conservator

    Have they been convicted of the murder? Or of the embezzlement?

  5. #5
    Join Date
    Oct 2014
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    7,204

    Default Re: Husband Murdered by Guardian and Conservator

    Quote Quoting MaltbyMark
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    If you make your case, and they did in fact commit murder, the answer would be yes.

    How did they commit the crime?
    The answer is maybe. It depends a great deal on the facts and applicable state law. Proving the murder might not get much. Bear in mind that the OP says the $1.3 million loss was done by theft prior to the alleged murder of her husband. So that loss was not caused by the murder, it was caused by the theft. And depending on the state and what assets were taken, that claim may have to be pursued by the late husband's estate rather than personally by the OP. And of course, that requires being able to prove that theft.

    As far as the murder goes, that would be a wrongful death claim. Again, some states require that a wrongful death claim be brought by the decedent's estate. Whether the OP might have a separate claim independent of the wrongful death is unknown as we don't have sufficient facts. There is also the issue of what damages may exist as a result of the wrongful death. There are no facts here to determine what damages, if any, might be available for the wrongful death. Since the husband was apparently under the care of a guardian and conservator, that suggests that he was not competent to care for himself or to make financial decisions. In that circumstance, there would be no lost earnings to claim and the OP wouldn't have anything to claim for lost support, etc., since he would have been unable to work or produce income to provide any support.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,289

    Default Re: Can You Sue a Guardian for Embezzlement and Murder of Your Spouse

    Quote Quoting lakeplay2
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    can I sue my dead husband's guardian and conservator?
    Anyone can sue anyone for anything.

    Whether you have any legal or factual basis for suing this person isn't apparent from your post. Consult with a local attorney for advice.

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