Statue of limitation for making claim against estate

[pamala1999]

What is the name of your state? Texas

Is there a statue of limitation for making a claim agaist an estate that never went to probate court? My father died four years ago. Just recently a women, who we knew ten years ago wants to sue my brother and I for $10,000. She was a previous neighbor and she is claiming she took care of us, 12 and 13 at the time, for two years, which she never did. She wants to be reimbursed for something she never did. What can she do? What can my brother and I, the heirs of the estate do? My father had a will that my brother and I inherited everything 50/50.

 

[anteater]

What can she do?

She can do whatever she has a hankering to do. Of course, an actual lawsuit on that basis will probably produce some real good comic relief for everybody.

And why is it that, four years after your father's death, probate has not been opened?

 

[pamala1999]

My father did not owe any one anything. Everything was paid off. My dad was sick for some time, during that time he got everything in order. He had one credit card that was paid off with insurance. There was no need for probate. The woman making the claim lives in a different state.

 

[pamala1999]

What do I do if she files a suit against my dad's estate? Do I have to go to court? I live in Texas, she lives in Penn.

 

[BlondiePB]

Tell this lady to bite rocks. The courts will have a field day with this. To ease your mind, just call a probate attorney in the county in Texas who will also have a good laugh.

 

[anteater]

What do I do if she files a suit against my dad's estate? Do I have to go to court? I live in Texas, she lives in Penn.

Speaking of chickens and eggs...... How is she going to file a lawsuit against the estate when there is no estate?

And how did you and brother become legal owners of whatever assets your father had? The probate process is not just to see that the deceased's creditors get paid, but also to legally transfer ownership of the deceased's assets to the heirs. Your father had no assets that were not jointly owned or had beneficiary designations?

 

[BlondiePB]

Speaking of chickens and eggs...... How is she going to file a lawsuit against the estate when there is no estate?

A real fowl claim.

And how did you and brother become legal owners of whatever assets your father had? The probate process is not just to see that the deceased's creditors get paid, but also to legally transfer ownership of the deceased's assets to the heirs. Your father had no assets that were not jointly owned or had beneficiary

Good questions; however, the OP did state that dad had everthing "in order" before he passed.

 

[pamala1999]

My brother and I were the beneficiaries of his life insurance. My name was on the checking accounts and credit card account. I had power of attorney to handle his finances. He owned no property other than furniture. He was terminally sick for seven years, was originally told he had six months to live. During that time he took care of everything, he was in the military and they took care legal things for him. He was a single dad with two children. We were his only heirs.

 

[lwpat]

Anyone can sue over anything. However there is now no one to sue so tell her to go jump. If she files which is highly unlikely you will have no trouble getting it dismissed.

 

[anteater]

Good questions; however, the OP did state that dad had everthing "in order" before he passed.

Yep, I missed that. Sorry OP.

OP -- Just out of curiosity, do you have any idea what has prompted this neighbor to start making these claims now?

 

[pamala1999]

She found out my dad died, and I guess she thought she could extort money. Greed is most likely. I haven't seen or talked to her in ten years.