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K

khurt

Guest
Texas:
In 1979, my grandmother retired and she had joint bank accounts with me. In 1884, she have given me complete "Power of Attorney". In 1993, she decided to deed her property to me, for my children. This made her revise her will and she divided the cash between her daughter (my birth mother) and my brother and myself. During this time she had a stroke and had to have 24 hour care. I used her money and paid nurses to be with her while I worked. She died in 1995 at home,and that is what she wanted.

They contested the new will and the deed on grounds that she was unable to make decisions because of the stroke.
At the mediation hearing, their attorney wanted her income tax returns, all bank statements with canceled checks, and wanted to know where her money was spent. In my opinon, I did not owe them any explainations because I had the Power of Attorney and my signature on her accounts. I gave all the information that they requested to my attorney. My attorney felt by doing so, the estate could be settle.
It's been 3 months and have not heard what their next course of action is going to be.

My question is: If the estate is settle without going to court, can I file suit against them for re-imbursement of my attorney fees (13,000.) and the mental stress they caused me and my family?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Tricky question:

You might be able to sue for both under an abuse of civil process theory where they had no grounds to sue type of thing. But their contesting the will is perfectly within their legal rights.

So I don't think you would have a winning case unless you had a huge amount of solid physical evidence.
 

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