My mom died in 1989 I was 18 , she left no will , so my older sibling was anxious to sell the family home with me having no where to go . I was never away from home or mom ! They forced me into selling ! At time of title search the Realtor discovered I was the only one on title . So I was sole owner , signing when I was just a kid . They harassed me like no other ! I gave in and the relator automatically split monies 4 ways ! Was he suppose to ? Or was all the selling money mines ? Can I go back and sue the relator ? Who was at fault ? Where was my then child voice ?
Securities / Investment Fraud Attorney
I will agree with my colleagues BUT if there are elements of FRAUD , no statute of limitation will apply. There are variables you need to explore. Under what authority or power the broker stole your money? Who hired him? Conditions of sale .
You really need to explore beyond the simple statutes of limitation.
You need to put your papers together and hire an attorney expert in fraud to explore your options based to fraud.
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Your post does not indicate the year when the house was sold, but presumably it was many many years ago. If your mother did not have a will, then most likely her estate should have gone through probate. It is not possible to ascertain whether you can still make any claims now after a long passage of time.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Any claim you might have had against anyone, under the facts you have alleged, is long since barred by the applicable statute of limitations if you were 18 in 1989 when the house was sold.
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Real Estate Attorney
Unfortunately, I agree with Mr. Daymude. There are times when a statute of limitations will toll (or not start running) until you discover (or should discover) that you have a claim. In this situation, it sounds like you knew that you were the only one on title (perhaps via joint tenancy?) and you knew that you only got 25% of the proceeds. That doesn't sound right. While we can't be sure you ever had a valid claim, it's probably safe to say that you were on notice that something was up. For that reason, the clock probably started running (on your claims) at or near the time of sale. Most claims would have expired three or four years later. It is possible that you still have a claim - but from what you've posted - it's not likely.
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