Estate Law Questions? Ask an Estate Lawyer.
Thanks for your question and good afternoon.My symapthy here for your situation and dilemma.You can contact law enforcement where the estate was filed and see if they will pursue her criminally.It is possible that there may be criminal fraud or other crimes involved in this matter.You would have a civil suit here against both the estate and her personally for her actions /deceptions involved in all of this.You might be able to claim any bond here that was filed with the probate court.You really should consider a local lawyer where the probate is located to pursue here in this matter.Certainly you can seek damages for the misrepresentations involved including lawyer fees and costs.The lawyer would start with a demand letter here against the estate adn the administrator.Your lawyer may try to resolve this first for your damages in all of this and file suit if no resolution.You may very well be able to locate a local lawyer that would take this contingent fee--where you do not pay until there is recovery made.This is possible here because there appear to be assets that maybe recovered.I would certainly try this to see if you can get one to pursue this on a contingency fee basis.If there was a bond filed that would be another pocket to pursue as well.You can locate a lawyer here ..http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=OH
Here is an example of a law firm that takes these cases contingent fee..
http://www.zigraylaw.com/Practice-Areas/You may well have both criminal and civil actions that you may pursue here.Certainly you should try to involve the local law enforcement to see if they will not make a case against her.This might in turn help a civil case.It has been my pleasure to assist you today.I am so sorry that you have been mistreated this way.I hope that you do pursue this criminally and civilly as well.I wish you the best.
so i cant just have the estate re-opened as his wife, and have her return everthing and start all over? if i've proven i'm his wife why cant proabate just overturn what they've done. I should'nt be in probate period, im the wife of a man with no will, her lies are the reason it went to probate, i wouldnt have needed probate to give me the car. can i sue her for more damages for having to go through all this or would it not be worth it? its bad enough they say i cant get any of his pension or anything else because we married after he retired. she legally stole everthing that i was entitiled to which was nothing except whats in his apartment, his car and bank accounts which i cant touch because of the death certificate. would the civil damages be worth suing her or should i just give up