Estate Law Questions? Ask an Estate Lawyer.
I understand your predicament. Generally, if someone files a lawsuit they will attempt to move forward with the case in a timely manner. However, sometimes someone will file a lawsuit and let it sit there and do nothing, leaving it hanging in limbo. In those particular situations, the case removed from the court docket but still is outstanding. The defendant (like you) has the option to make a motion to dismiss the case based on lack of prosecution of the case (i.e., lack of them moving forward with the case), usually after one year the complaint was filed. If the other side does not come up with a justification why there is a delay, then the case is dismissed.
Yes. The longer a case goes without prosecution the more reason the plaintiffs would have to have to justify why they failed to prosecute it and the more likely it would be dismissed. Possibly in your case, it may be a bit more complicated, but because your mom's attorney said she transferred the property under her own free will, then you have a strong witness supporting your position, possibly the reason why they are not moving forward with the lawsuit. Check with your attorney about your particular case.
They could file an an appeal but they would have an uphill battle at winning it.
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Hello again. It is good that you have an attorney. And it makes sense for you to edit the tape for the pertinent parts. Elder abuse does need evidence as you probably know. It is probably easier to make a case against a non family member than a family member. I hope this all works out for you.
Hello. Do you have any follow up questions? Please let me know. Thank you.
Hello: With regard the the words said against you. If they are untrue and against you, they could b slanderous; also if the words are untrue and against you, and used to influenced your mother against you, it could be considered undue influence attempting to convince your mother of changing her estate plan against you and in favor of others.
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