How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

My sister filed suit in the Texas probate court seeking to

Customer Question

My sister filed suit in the Texas probate court seeking to be my temporary guardian with conversion to permanent guardian recently. Two weeks later she filed a petition for nonsuit without prejudice with the judge hearing the case. Her petition was granted. NEVERTYHELESS, I ended up having to pay my court appointed lawyer $2350 before the judge hearing her (my) case would lift some onerous temporary injunctions he had saddled me with that cost me $300.
I am I off the hook so to speak or can my sister come after me again and sue to be my guardian? According to what I have read if she won her case the second time I WOULD HAVE NO LEGAL RIGHTS AT ALL!!
Sincerely,
John Chapman
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

John, this is not a situation where someone is 'one and done' as far as filing. She can potentially file again, either on the same grounds if her suit was dismissed 'without prejudice' (as that means it can be filed again so long as it is within the statute of limitations), or she can simply file again outright if new claims or a new basis for suit exists. She is not barred from attempting to pursue this again.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Dear Dimitry,The sister that sued me in my first email used to be my payee. However, after she filed her petition for nonsuit she told Social Security she NO LONGER WANTED to be payee and the government CUT ME off from my benefits. Fortunately, I found a good friend to be my payee in the meantime. A few weeks ago I filed form 785 with Social Security (I am not positive on the form number) and Social Security granted me the right to be my own payee.Here is my question my question now. If I moved to Tacoma, WA now that the injunctions I mentioned in my first email have been lifted, could my sister down here in Texas sue me in Washington state and force me to return to Texas. I need an answer ASAP!!Sincerely,
John Chapman
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, John. My apologies on the delay, I was offline and could not immediately respond.

She would not be able to sue you in Washington purely because you are not yet a resident there. If she wants you back, she would have to sue in Texas and attempt to pursue via Texas courts.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
How many times can she sue for guardianship? Is there any statue of limitations or can she just keep sueing me? The only income I have is from Social Security and I really DO NOT have the extra money to keep fighting her in the future. What do you think I should do at this point? Thank you for your help.Sincerely,
John Chapman
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

She can sue for guardianship until the courts rule that she cannot, or she dismisses the suit 'with prejudice'. Perhaps you may want to consider listing someone else as your POA and in case she sues again, to have that person seek guardianship over you instead...if granted, the sister cannot pursue you going forward. It is not ideal, but it would keep her from going after you.

Sincerely,

Dimitry, Esq.

Related Legal Questions