Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.
You ask that she be held in contempt of court but it is never absolutely guaranteed that the judge will agree with you. As far as statute of limitations, they generally start when the final order is issued and you will still be able to file contempt if the probate has not been closed. If the probate is closed, then you have to file to reopen it and the court may or may not grant that request.
The statute of limitations has not passed so long as the probate is still open.
To file a motion for contempt you would retain an attorney and have them prepare the paperwork, serve all necessary parties, and set the hearing. You will also want the lawyer to address the issue of the rental income. It should have been placed in an account for the estate.
It can be. In this particular case the order to dispose of the property is called an Interlocutory Order. It doesn't become final until the final order is issued in the probate case.
Typically the Final Order in a Probate case is not called a judgment.