My mother passed away 7yrs ago. I have two questions.

Asked over 5 years ago - Decatur, GA

My mother passed away due to complications of hip surgery. She resided in a nursing home. The nurses were supposed to supervise her doing walking and taking a shower. When she broke her hip in the home, she was walking down the hallway by herself. Is it too late to sue the nursing home. Question 2. My mother willed me her house. My step sister ended up selling the house without my my permission. Is that illegal?

Attorney answers (2)

  1. Eric Michael Allen

    Contributor Level 10

    Answered . Who was the executor of your mother's estate and what did your sister do with the proceeds of the sale?

  2. Benjamin Stephen Persons IV

    Contributor Level 8

    Answered . Question 1 - It is very likely the statute of limitations expired, barring the claim for your mother's death. The survivor's statute of limitations for wrongful death is two years from the date of death. The estate's claim is also two years, however, it is tolled while the estate is unrepresented for up to 5 years. There is also a 5 year statute of repose for medical malpractice claims. This is not an opinion on the value of your case and you should really talk to a lawyer for an exact answer on statute of limitations.

    Question 2 - You should consider contacting an estate lawyer. A good place to start is the lawyer that drafted your mother's will. To be enforced a will must be presented to Probate Court, proper notices given to heirs, and Court procedures followed. If you do it yourself, contact the Probate Court and determine whether anyone was appointed as representative of the estate. Information and official forms are available at gaprobate.org.

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