Believe she has stolen inheritance from my deceased dads asbestos lawsuit. Were told by his lawyers that we need to hire an attorney to get documents pertaining to the lawsuit. She says he had no will but his lawyer says he's pretty sure he did. He passed away in 2008. Is it too late to sue her and do I necessarily have to hire an attorney in Maryland? Also think she mishandled the Probate which was closed in 2010.
You have a bit of a strange set of facts. Normally, asbestos suits go on for MANY years. Settlements trickle in for a very long time, and the estate must be held open to continue to pursue legal action. So the first thing your attorney should look at is the wrongful death file, to see what happened, there. You would also have the attorney review the probate file. This needs to be done RIGHT AWAY, because there are statute of limitations issues.
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If your father lived in Maryland and the will was probated there, you will need a Maryland attorney. It may be difficult to challenge a probate almost 3 years after it was completed.
Estate Planning Attorney
You would need a Maryland attorney.
First issue is the statute of limitations because of 2008
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
I agree with the other answers, and I think you should ask the lawyer what it was that made him feel sure your dad had a will. Maybe he'll also know which lawyer was likely to have helped your dad prepare that will.
If this information has been helpful, please indicate below. Stephen Pearcy is licensed to practice law in California. The response herein is not legal advice and does not create an attorney-client relationship. The response is for legal education and is intended to provide general information about the matter within the question.