How much time do I have to sue my ex husband’s estate if he died owing me money?

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How much time do I have to sue my ex husband’s estate if he died owing me money?

Asked on September 26, 2013 under Estate Planning, Colorado

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. You ought not delay.  Such rules vary state by state, so seek counsel from an attorney licensed in your state. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.

 

TRICIA DWYER, ESQ.

Tricia Dwyer, Esq & Associates PLLC

Phone: 612-296-9666

365 Days of the Year until 8 p.m. daily

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Minnesota Law Firm

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

The answer is:  file your claim right away. You have nothing to gain by waiting. If a probate case has been opened for his estate, file a claim under that case. You can also file a separate lawsuit against his estate. In California, you would generally have 2 years from when he broke his verbal promise to repay you or 4 years from when he broke a written promise to repay you. However, there are exceptions that could mean that you have less time than that in your particular circumstances. It would be a very good idea to talk to a local collections attorney or probate attorney about your case. 


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