Norman, OK asked in Elder Law for Oklahoma

Q: How do I find out statue of limitations on Financial Exploitation of the Elderly./

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2 Lawyer Answers

A: Talk to a local elder law or elder abuse lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.

Richard Winblad
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Richard Winblad
Answered
  • Elder Law Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: This does not constitute legal advice. Statutes of limitations may prevent recovery. Your question raises many possible legal issues. But a good starting point is Title 12 of Oklahoma Statutes Section 95(a)(3) which states:

3. Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud;

Also look at Section 94 Person with Legal Disability May Bring His Action within Two Years after Disability is Removed

Cite as: O.S. §, __ __

In these cases an important question is whether or not the property can be recovered. Those who financially exploit rarely seem to have anything that can be attached or garnished.

Any person entitled to bring an action for the recovery of real property, who may be under any legal disability when the cause of action accrues, may bring his action within two (2) years after the disability is removed.

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