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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2982
Experience:  associate attorney
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I am a 58 year old woman who recently discovered that my

Customer Question

I am a 58 year old woman who recently discovered that my mother physically abused and neglected me during my childhood. I repressed these memories until this year recently when I discovered that she has never stopped because I thought that this was normal. Also, I burried these memories with alcohol and drug abuse for many years. Can't stop crying because of it. It's already been 6 months since this realization. I would like to sue her estate but only receive the damages upon the event of her death.
Submitted: 9 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 9 months ago.

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.

Expert:  Christopher B, Esq. replied 9 months ago.

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.

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Expert:  Christopher B, Esq. replied 9 months ago.

Just checking back in, do you have any further questions?

Customer: replied 13 days ago.
I am not just interested in suing my mother alone, but I am also interested in suing two of my siblings who are continuing to carry the torch of abuse ( physically and verbally) at the behest of my mentally ill mother. With this in mind, I would like to sue all three of my family members at the same time as the present abuse issues are what is unlocking my past memories of severe abuse.
Customer: replied 13 days ago.
It is 1:30am and I don't want to wake up my other family members but I have already paid for the free trial.