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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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In response to your text of 10/2/15: What... In response to

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In response to your text of 10/2/15: What... In response to your text of 10/2/15: What is the statute if limitations in California for bringing damages? You also state that if my sister was still alive during the occurrence that her heir would have standing
to sue and recover damages. Does that mean that she is the only one that can legally sue for damages? 07 October 2015 10:47 08 October 2015 07:48 LegalGems LegalGems Estate Lawyer I cannot access your prior question. Can you please repost it here? My goal
is to provide you with excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic, request me again. 14 October 2015 10:51 02 October
2015 05:57 LegalGems Estate Lawyer If the brother was living on the property with the consent of the other heirs, it is determined to be a tenancy at will. Such a tenant is still liable for damages to the property, and the owners (other heirs) of the property
may sue the estate of the deceased tenant/partial owner/heir for damages. However, if there was an executor or personal representative that was in charge of the estate, and this person allowed the damage to occur, that person can also be held personally liable
for failing to protect the estate's assets (ie the residence). All states have a statute of limitations for filing lawsuits; for damage to real property, and for breach of fiduciary duty by an executor/personal representative. It is necessary to bring an action
prior to the running of this time period. If the damage occurred while the sister was still alive, the personal representative of her estate (often the same person as the beneficiary) would be the person who would have "standing" to sue- they would be the
named plaintiff in the action to recover damages. 10/15/15 This is the fourth time I have tried to send this and I am becoming very frustrated. What is the statute of limitations in California for bringing damages? You also state that if my sister was still
alive during the occurrence that her heir would have standing to sue and recover damages. Does that mean that she is the only one who can bring damages?
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

For breach of an oral contract (oral lease), the statute of limitations is 2 years from the date the damage occurred, or the plaintiff knew (or should have known) of the damages: http://www.courts.ca.gov/9618.htm. The estate of the decedent would have standing to sue (would be the named plaintiff) so any legal action would be brought by the personal representative of the estate. The proceeds from any lawsuit would then go to the estate, and would be payable to the heirs. Please let me know if you have any questions; I want to be clear that if there were other part owners, or if part of the damage occurred post death, the legal owners of the property would have standing to sue.

Expert:  LegalGems replied 1 year ago.

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