*
Latest Forum Posts


*
Our Book 20% off
Louisiana Law Book
Click HERE to see how to order and for more information.
*
User
Welcome, Guest. Please login or register.
Did you miss your activation email?

July 31, 2010, 12:23:51 AM

Login with username, password and session length
*
Subscribe to La-Legal
Subscribe to our feed
Site Author : Topic: Extension of statute of limitations  (Read 599 times)
January 12, 2010, 02:46:32 PM
User No : 3342
Posts: 4
  • View Profile
I have been told that if there is a continuance by the other party's lawyer, the statute of limitations (matters pertaining to part of a succession) is extended three years from the filing of the continuance.  Is this in fact, the case, and if so, is there law or legislation reference to back this up?  We were originally told the statute of limitations was two years from the time of the incident.  Appreciate any assistance.
Logged
January 14, 2010, 06:30:20 PM
Administrator
Honored Member +
*****
User No : 1
Posts: 3580
  • View Profile
  • WWW
  • Email
Email
You'll have to back up a little and explain what sort of succession proceeding, what the continuance is for, and what exactly was the court action that was continued.
Logged
January 14, 2010, 11:34:17 PM
User No : 3342
Posts: 4
  • View Profile
The succession involves my deceased stepmother's estate and my father and stepsisters are unable to agree on the value and division of her estate items.  Due to the inability to reach an agreement over an extended time,  the case was set to be heard in court, but a continuation was requested by the steps due to the impending death of one of their spouses. 

There is a monetary issue involving unauthorized withdrawal of funds by one of the sisters from my father's account after her mother's death.  She was a signer, but not owner of the account.  Should the judge disallow this portion of the succession, other means will be pursued, but  we are near the expiration of the statute of limitations.  Therefore, the reason for my question.  Hope this clarified some of the issues.  Thanks.
Logged
January 19, 2010, 04:12:40 PM
Administrator
Honored Member +
*****
User No : 1
Posts: 3580
  • View Profile
  • WWW
  • Email
Email
In cases like this, it would really take 100 pages of information to be able to conclude anything. Couple of more questions:

Why is statute of limitations (called "prescription" in Louisiana) an issue? Who says an action against the sister will prescribe?

Are there not at least 2 lawyers already involved in this? Have either of them been asked these questions?

It immediately occurs to me that the executor of this estate needs to pull the sister into the action with a demand that she refund the money to the estate. That is, of course, assuming proof exists as to what happened.
Logged