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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116800
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Its more of a litigation question really. If an interested

Customer Question

Its more of a litigation question really. If an interested person was the issue of the main residuary beneficiary & they were not given notice to the probate, they find out many many years later about it, they live in a different state from where the probate was, & a forged DPOA was used for the main beneficiary, with all that combined they have been unable to obtain ANY legal help and have to do it Pro Se'... They keep filing things w/the court that get nit picked to death & sent back & it gets redone & sent back to them on more then 1 occasion, What happens when they can't find the proper legal help & believe me we've tried & tried obtaining help but the years keep rolling on & more & more time goes by... What can they do?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: many
JA: Anything else you think the lawyer should know?
Customer: they all either want a $25,000.00 fee or they have just flay out said no sorry cant help you. Reason being is how old the case is... which its not their fault and all resorts back to the no notice
Submitted: 11 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Fraud, which is what you are alleging, can be raised at any time it is discovered. So if the issue was defrauded from their legitimate share of the estate by the main beneficiary or another person, then the issue needs to actually sue those individuals directly.
Yes, attorneys want retainers up front, because these cases take time and it is not very easy if the case is old. The older the case the harder it is to prove the fraud and also to actually recover money.
However, he person can file their own lawsuit if the need to and need to sue the individuals who committed the fraud and seek damages.

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