Legal Question in Wills and Trusts in California
The nurse I hired to take care of my mom 6 months before she died had my mom sign checks over to her in the amount of $87,000.00. This was in 2000. Is there a way to waive the statue for filing a criminal case against her based on the fact I was hospitized with Broken Heart Syndrome (significant emotional distress) regarding the whole situaton and wasn't able to deal with any of it. I have documentation.
2 Answers from Attorneys
First of all, you don't file criminal charges in California. The discretion to file criminal charges in California is vested in the District Attorneys, and the City Attorneys where misdemeanor prosecutions are delegated to them.
If you are referring to a civil statute of limitations, then what you have provided is not grounds for tolling the statute of limitations. I do suggest you speak to an attorney who is familiar with this area of law, and see if there are any other facts which may toll or have tolled the statute of limitations for such a long time.
I agree with Mr Roach in his analysis of your problem and advice to you.
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