The administers of my Fathers estate, PNC Bank, have really screwed up and several people were hurt beacuse of it. Can I file suit againt PNC Bank in California, my legal residence or do I have to file in the State were my fathers estate resides? Would filing in Small Claims make any difference?
2 Answers from Attorneys
Obtain yourself probte litigation counsel to examine what your potential options for recovery againsty PNC Bank. As to the jurisdiction for suit, your legal counsel can advise you; generally where the deceased died is the proper county for administration of the trust, but not always; this is the reason to seek legal advice, and by the way, filing in small claims court does not sound as an appropriate option for recovery, as the dollar limitation on judgment amounts is very limited.
A thorough review of the facts is needed before anyone can advise you as to where you can or should sue. A California court, however, does not have jurisdiction over the case simply because the plaintiff lives in California. The governing law for deciding what (if anything) that PNC Bank did wrong will be the law of the other state.
I suggest you speak to a lawyer who handles trusts and probate litigation for advice. A lawyer in California could at least advise you as to where you can file suit.
Related Questions & Answers
If I create a will and my husband does not, and in that will I name a legal guardian... Asked 6/19/13, 2:31 pm in United States California Probate, Trusts, Wills & Estates
I was 21 years old when my mother passed away. I'm sure the statute of limitations... Asked 6/19/13, 2:31 pm in United States California Probate, Trusts, Wills & Estates
My mom recently passed away; so we'll need to create a new living trust among her 6... Asked 6/19/13, 3:44 am in United States California Probate, Trusts, Wills & Estates
My married mother owned her home alone after Dad signed a quit claim when they were... Asked 6/17/13, 11:42 pm in United States California Probate, Trusts, Wills & Estates
If a life estate tenant encumbrances the real property with an equity line of credit... Asked 6/17/13, 10:18 pm in United States California Probate, Trusts, Wills & Estates