Family Law Questions? Ask a Family Lawyer Online.
My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will draft you an answer.
Unfortunately this is not possible, first the statute of limitations for a civil suit would have long since passed. Also, it would be difficult to sue and and only have it paid by the estate. This is also not possible but could be timed to make it so. The statute of limitations is the time you have to file a suit. Normally it is 8 years passed the age of majority which would be age 28. It can be argued that if a memory has been suppressed then the statute of limitations will not have started and you would have 3 years from that time. This might be highly difficult to prove after all this time but technically doable. You would have to prove the abuse by a preponderance of the evidence and have 2 major hurdles to overcome 1) having any witnesses to the abuse after all this time 2) actually proving it was abuse. If she damaged you physically many times then this would be abuse. Simple neglect and harsh words are very difficult to recover over. So to answer your question, it is likely that the statute of limitations is passed but possible to overcome although unlikely. You can recover against the estate but if you win a lawsuit and she lives for many years after, you cannot choose when to enforce the judgment or it will go stale and expire.
Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl
Just checking back in, do you have any further questions?