Legal Question in Elder Law in California
Where do I start? Los Angeles Superior Court, Probate. Contesting my fathers will, against my uncle. Matter settled in mediation. Advised by mediator that I can file a civil case for wrongful death and possibly elder abuse against my uncle.
How do I begin doing this? Can I do this on my own with out an attorney? I am mentally handicapped.
2 Answers from Attorneys
If you are mentally handicapped, you are not competent to even sign a contract. I'm surprised how you even settled the probate matter which probably can be set aside based on lack of competency. I suggest you to get a conservator first who will hopefully protect your legal interests.
You need to meet with an experienced attorney in contested probate and elder abuse matters, to get an opinion as to whether you have a case. Bring someone with you whom you trust, as well as the papers on the will dispute. If the case has merit and your uncle has assets, an attorney may be willing to take this on a contingency.
This is not the type of case a person should handle alone, especially if your uncle has an attorney. You will not be in small claims court, where you can simply argue your case.
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