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I was in a committed intimate relationship for 18 years. My…

Customer Question
I was in a...

I was in a committed intimate relationship for 18 years. My fiancé died without a will. His daughter became personal representative for his estate. I filed a claim against the estate asking for my share of the property that I had put financially and physically in to. I did not get the interrogatories done that her attorney gave me. I was mentally unable to complete them in time. The judge dismissed the case. Can I appeal this case?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Washington State

Lawyer's Assistant: What documents or supporting evidence do you have?

I have financial papers showing that I put into the property and assests. I gave my fiancé $1100 every month for mortgage (by my bank records)

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

Is is possible to appeal this dismissed case?

Submitted: 4 months ago.Category: Family Law
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Answered in 1 minute by:
11/28/2017
Family Lawyer: JD 1992, Lawyer replied 4 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 4 months ago

Yes, so long as you are within the time limit for appeal then you can appeal the judge's decision. However, under the facts as you have given them, likely the only issue you will be able to address on appeal is whether or not the judge was within their discretion in dismissing the case. When you start to do your legal research on this issue you will want to use the search term "death penalty sanction" as that is what it is called when a case is dismissed for failing to answer Discovery or failing to obey some court order.

If you are not familar with doing legal research, there is good, inexpensive ebook on the topic at http://rebellionbooks.com/products-page/all-products/guerrilla-guide-to-legal-research-finding-the-law-for-non-lawyers/ .

That ebook is designed for people representing themselves and not only explains the concepts but also provides you a link to a website with case law that doesn't require you to pay to use it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
34,389 Satisfied Customers
Experience: Began practicing Family Law in 1992

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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