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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Myself and my sister are the biological children of my

Customer Question

Myself and my sister are the biological children of my father who died more than 13 years ago. We opened succession and prior to the end of the succession closing my father's 2 outside children came forward and contested/forced us to reopen the succession. Our attorney, advised us to do the following as their attorney advised:
. agree to a DNA test (resulted in positive for both children and me and my sister)
. advised to pay both 1/4 of the value of the property(s) to these children
I have paid them my portion of the appraisal value of the property left to me by judgement of possession. $16,000. My sister has not paid her portion of the settlement that is also $16,00 for the other property left to her.
I have been told by a relative that I did not have to pay this money because they should have come forward within one year of my Father's death. Since he has been dead for more than 13 years they failed to show filiation thus entitled to nothing. Our attorney who is not a succession attorney failed to informed us of this rule/law. Am I entitled to get my money back? I doubt if I can recover the money from them but is my attorney liable because she failed to advise me properly.
Submitted: 1 month ago.
Category: Legal
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

what state was the probate in?

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