Can I sue beneficiary for keeping my father's social security benefits? 5 Answers as of January 18, 2012

You may sue her for an accounting on behalf of his estate.

Have you been appointed by the court to serve as the Executor? If so, you have the responsibility and authority to collect funds due the estate, pay for all bills due and then distribute the remaining assets. You cannot distribute any assets until all debts and obligations have been satisfied.

Even though your father's will appointed you executor of his estate, you will need to probate the will and have issued Letters Testamentary. Once acting as Administrator or "Executor" of his estate, you may request the court to compel your sister to provide an accounting of any of your father's public assistance benefits that she received. However, her misappropriating benefits due to your father before his death may need to be brought as a separate civil cause of action. It is unlikely that such misappropriations would be deducted from her share as a beneficiary but you may be able to get a separated judgment against her. You should contact an experienced probate attorney.

If, as the executor of the estate that the estate is owed money from someone, whether as a loan or as diversion of estate funds (or money which would have been estate funds but for the diversion), then you can sue, or you can resolve it with an offset against the amount due to a beneficiary if they are the party who owes money to the estate.

You could file an elder abuse claim and collect treble damages for the estate to the extent you can prove she took advantage of him.