Asked in Family Law, Legal Malpractice and Securities Law for California

Q: Is there a time limit on sueing family for forging my signature on stock and can I sue the lawyer that was in charge

Back in 1996 or 95 my grandfather passed away and left some stock to be divided between his 7 adult children my father passed away in 1974 that left me next of kin recently found out that my oldest Aunt forged my signature cashed out the stock and spent the money I never received a dime for the any of the stock can I sue them and the lawyer that was in charge of my grandfather's case.

1 Lawyer Answer
William John Light
William John Light
  • Legal Malpractice Lawyer
  • Riverside, CA
  • Licensed in California

A: You need to talk to a Probate Attorney to find out the timelines necessary to bring this type of claim. As I understand it, the claim would be on behalf of your father's estate against your aunt. There is a 3 year statute of limitations on fraud (Code of Civil Procedure section 338(d)), but it does not begin to run until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. (Sun'n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 701 [148 Cal.Rptr. 329, 582 P.2d 920].)

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