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For a case dismissed without prejudice over 10yrs ago, what…

Customer Question
For a case dismissed...

For a case dismissed without prejudice over 10yrs ago, what is the statute of limitations?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Massachusetts. Involves my Aunt bringing a case against my Mother on behalf of the plaintiff, my grandmother, who passed on a year ago. It was in regards ***** ***** grandmother signing over her portion of a house she and my mother bought together many years ago and now my aunt is coming after my mother to sign over deed.

Lawyer's Assistant: Has anything been filed or reported?

Original case was dismissed without prejudice over 10yrs ago and now my mother recently got summoned to court on Dec 18th. Since the dismissal my grandmother had written a note that she wanted to drop case, filed a restraining order against my aunt, took power of attorney from her because this is all fueled by greed. In the original order the judge said that the 2 houses belonged to my grandmother. 1 being said house that my aunt is coming after.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

After my aunt coerced my grandmother into taking POA away from my mom who was the only one that took care of her for over 20yrs, she as new POA drafted an irrevocable trust that my mother was left out of for the reason, "she already got her share". Now that Aunt is reopening the case against my mother.

Submitted: 8 months ago.Category: Family Law
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Answered in 1 minute by:
11/21/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,706
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

I am sorry to hear this; if the underlying suit is undue influence, according to the Massachusetts case Howe v. Palmer, undue influence has a statute of limitations of 3 years from the offense that is causing the lawsuit;

so if the objectionable act was 10 plus years ago, that would be beyond the statute of limitations.

If there are more recent events and that property is at issue, that can restart the statute.

The burden is on the party alleging the undue influence;

if the court finds the case is brought without merit they may award a defendant attorney fees and costs.

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Customer reply replied 8 months ago
Thank you for that response. Follow up question: Would my mother be able to challenge the "Irrevocable Trust" which states that my mother is excluded from any proceeds from the sale of my grandmother's house because she already got her fair share"? The trust was intended for all my grandmother's children, even my uncle who passed many years ago. His portion obviously will go to his children. Its just ridiculous to think that after watching my mother be the only child of my grandmother to deal with her and all of her finances and needs and care throughout my whole childhood and adult yrs be left out of everything.
Family Lawyer: LegalGems, Lawyer replied 8 months ago
You are most welcome.
Yes that would be difficult to witness. Sometimes trusts and other documents do not have the desired or intended effects. It is possible to challenge an irrevocable trust but the burden is on the party challenging the trust to persuade the court by clear and convincing evidence so a trust litigation attorney should be consulted to review all of the facts and make an informed decision. I certainly hope this works out as this can be very emotionally draining.
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Customer reply replied 8 months ago
Thank you.
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