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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33716
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My father passed away in 2005. it is just myself and my

Customer Question

my father passed away in 2005. it is just myself and my older sister. my dad was ill for 2 yrs before he passed. so he cashed out all of his home equity he had and traveled chased women and had a good time. when he passed his house was in foreclosure. he owned a 2000 dodge pu. he also had a 89 jeep that he gave me 2 months before he died. ok so my dad passes he has nothing so i think. i asked my sister what happened to dads truck? She basicly told me it was no of my business i got the jeep...so i let it go. my grandma his mother passed away in 2011. her and my sister were tight. Well I found out last light 10/16/2016 that my dad gave my grandma $23000 to put in a CD well she couldnt put it in her bank because it would mess up her insurance so she gave it to my sister. long story short my cousin is saying my dad left the money for his brother (her dad). and my sister says my dad gave her the money. My uncle sued my sister and lost. so my sister kept the $23000. oh she did send my uncle a check for $5000 before they went to court. my dads estate was to split evenly between my sister and myself. is it to late to sue her for my half?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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my dads estate was to split evenly between my sister and myself. is it to late to sue her for my half?

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If father gave the money to his mother, then that would be a gift from him to his mother. And if his mother, your grandmother, gave the money to your sister, then again, that would be a gift from her to your sister on behalf of your father.

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Whether that is true or not, it would be hard to determine if both father and grandmother have passed. But even if it was not true, when father gave the money to his mother, that would remove it from his estate so father's estate would not have had any further claim to it.

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Additionally, there is a 4 year breach of contract statute of limitations in CA. So even if father gave it to grandmother and told her to split it between the two of you, she gave it to sister with the same instructions, when sister failed to do so, you would only have had 4 years to potentially file a breach of contract action or 3 years for a fraud action.

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So unfortunately, under any scenario, the time would have passed for you to pursue this against sister..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 month ago.
but my cousin and her dad said it was for him (he has had poleo since he was a child) and how can I contest something i didn't know about until last night?
Customer: replied 1 month ago.
dont call me. i dont have that much money i will do the research myself.
Expert:  Barrister replied 1 month ago.

If the money wasn't in father's estate because it was given to sister by grandmother, then it wouldn't be subject to any claim by you as an heir. If it was in his bank account when he passed, absolutely.. But when money is given to one party who then gives it to another party, that is two people away from the original owner..

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I don't want to see you spend $5K on an attorney pursuing this when I don't see any realistic way for you to win since both father and grandmother have passed and you wouldn't have their testimony to prove that the money was just for sister to hold for someone else.

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I am sorry that the news isn't better..

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thanks

Barrister

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