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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32323
Experience:  Estate Law Expert
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I just today, Nov 18th of 2015, learned that my neice in

Customer Question

I just today, Nov 18th of 2015, learned that my neice in fact used duress in June of 2015 to influence my mother in law, my wife's mother, to radically alter her living trust. She influenced my mother in law, the grandmother to the neice, to believe that
her money was being taken. This was later proven to be untrue, however it led to sever disruption in everyone's lives. We are permanently moving to Vancouver, WA in 13 days, Dec 1 of 2015. Is it best to hire a probate attorney to work with us once in Washington.
Our former probate attorney advised us to work with an attorney in Washington. All of the mentioned issues took place in CA.
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
I also have one additional question. I would like to sue the person who instigated all of this for duress and for causing my wife to have seizures. Since I am obligated via a lease and legal agreement to move out of CA in 13 days, can I proceed with this in Washington?
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I'll answer the questions as you asked them and then you can ask any follow ups you have to clarify the issues.

Is it best to hire a probate attorney to work with us once in Washington?

I cannot see why your attorney would have recommended getting an attorney in Washington. If you are going to challenge a CA trust and everything took place in CA then a CA lawyer absolutely makes the most sense.

can I proceed with this in Washington?

Not under the facts you have given here. In order to proceed in a case you must have both jurisdiction and venue. If everything took place in CA then the CA courts have both jurisdiction and venue of the case. The only exception would be if the person you intend to sue lives in WA then you could probably bring the case there but the court in WA would likely dismiss it if the defendant asked them to and state that CA is the proper court.

However, you can hire a CA lawyer and have them handle the case there in CA and you would only have to return for a deposition and the final trial. The lawyer could represent you in any pretrial motions or hearings.

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