Is there a 4 year statute of limitations on elder financial cases, and if so, when does the clock start? My father (Alzheimer's) was coerced into signing over his house to his daughter, who is in cahoots with her mother (mother and father are divorced), a little less than 4 years ago. I didn't discover this until recently, however. Is there some clause about the clock not starting until the elder abuse was "discovered?"
Generally speaking, the statute of limitations runs from *discovery* of the fraud or coercion, not from the act, itself.
Get legal help in this, as it sounds like it's going to be a bloody battle.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
Generally the statute of limitations is 4 years. Further, there are specific situations that allow for tolling. In other words where the statute of limitations does not begin to run due to incapacity and other reasons.
You need to consult with an attorney immediately to make sure your rights are protected.
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