No remedy against a tortfeasor?

What is the name of your state? Ohio
Can a litigant file a claim of tort against an estate when the estate has been probated and still recover damages resulting from the tortfeasors actions that occurred years before?

regicydes said:

What is the name of your state? Ohio
Can a litigant file a claim of tort against an estate when the estate has been probated and still recover damages from the tortfeasor that occurred years ago?

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My response:

Depends. What's the gripe?

IAAL

regicydes said:

What is the name of your state? Ohio
Can a litigant file a claim of tort against an estate when the estate has been probated and still recover damages resulting from the tortfeasors actions that occurred years before?

Click to expand...

There are two conditions which must be met:

1. The estate is still open
and
2. The statute of limitations has not run.

Answer IAAL's question and then we will talk.

Yes, I needed to state a claim upon which relief may be granted. The gravamen of the complaint would be a breach of duty in a parent by atrocious abusive behavior against a child resulting in the child's inability to support himself in adulthood or to lead a reasonably normal life due to severe mental/emotional problems attributable to those actions.

seniorjudge said:

There are two conditions which must be met:

1. The estate is still open
and
2. The statute of limitations has not run.

Answer IAAL's question and then we will talk.

Click to expand...

My response:

If there's fraud, the Statute of Limitations doesn't expire until the fraud is known, or could have been known, prior to the expiration of the "fraud" Statute of Limitations.

For example, California has a 3 year limitation period for fraud. However, the statutory time clock doesn't start ticking until the fraud is known, or reasonably could have been known.

California Code of Civil Procedure section 338 states in pertinent part:

338. Within three years:

(d) An action for relief on the ground of fraud or mistake. The
cause of action in that case is not to be deemed to have accrued
until the discovery, by the aggrieved party, of the facts
constituting the fraud or mistake.


IAAL

regicydes said:

Yes, I needed to state a claim upon which relief may be granted. The gravamen of the complaint would be a breach of duty in a parent by atrocious abusive behavior against a child resulting in the child's inability to support himself in adulthood or to lead a reasonably normal life due to severe mental/emotional problems attributable to those actions.

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My response:

What does this have to do with an Estate?

There is no private cause of action like the one you're asking about. If that were the case, children would be lined up around the courthouse, taking their parents to court.

If there was a real problem between parent and child, then the county or State would have stepped in.

IAAL

Yes, I needed to state a claim upon which relief may be granted. The gravamen of the complaint would be a breach of duty in a parent by atrocious abusive behavior against a child resulting in the child's inability to support himself in adulthood or to lead a reasonably normal life due to severe mental/emotional problems attributable to those actions.


My response:

What does this mean?

seniorjudge said:

Yes, I needed to state a claim upon which relief may be granted. The gravamen of the complaint would be a breach of duty in a parent by atrocious abusive behavior against a child resulting in the child's inability to support himself in adulthood or to lead a reasonably normal life due to severe mental/emotional problems attributable to those actions.


My response:

What does this mean?

Click to expand...

I thought it was obvious? It's clearly another "nothing-is-my-fault" liberal pro se wannabe who's read some sort of "Law for Dummies" book to pick up some of the vernacular but has no clue what any of it actually means.

You Are Guilty said:

I thought it was obvious? It's clearly another "nothing-is-my-fault" liberal pro se wannabe who's read some sort of "Law for Dummies" book to pick up some of the vernacular but has no clue what any of it actually means.

Click to expand...

I had some gravamen once.

Put it on my driveway.

Worked great.