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Quantum Meruit Claim Timeline
Summary
The statute of limitations for quantum meruit claims in south dakota is 6 years. If your husband passed in april 2024, you are within the timeframe to file a claim. Ensure your attorney is responsive and consider seeking a second opinion if necessary. For undue influence claims, medical records showing sound decision-making can be crucial. Settlements typically involve a contingency fee, and both attorneys may collect if settled. Legal cases can take time, so regular communication with your attorney is important.Full Conversation
What about if my husband passed away april 15th *. He asked me to bring him home and care for him.he required */* care for a trach and a feeding tube. I left my job and I paid the bills. His daughter was in charge of his finances and did not give any monetary support. Then summoned me for undue influence because he had a codicil to his will.
I'm sorry for your loss and the difficult situation you're facing. To better understand your situation and provide relevant information, could you clarify if you're seeking advice on the undue influence claim or any other specific aspect of your legal issue?
Compensation for quantum merit. Since the estate is in discovery phase is tgere a statue of limitations for this?
In South Dakota, the statute of limitations for quantum meruit claims is generally 6 years, which should also apply to claims against an estate. Since your husband passed away in April *, you should still be within this timeframe to file a claim.
Do you need any more specific information on how to proceed with your claim?
Do you need any more specific information on how to proceed with your claim?
My attorney has not responded to email sent in Aug and Nov and this week. I would like updates as to what has been found on life insurance policies, if anyone was listed as executive adminitrator for the cabin that he made the codicil for and if I should have insurance on titled assets he left me but are still in his kids possession
Case Rating: *
It sounds like you need some guidance on how to proceed with your attorney and get the information you need. Here are a few steps you might consider:
- Follow up with your attorney via phone or in-person if possible.
- Check with the probate court for updates on the executor and asset distribution.
- Consider seeking a second opinion from another attorney.
Would you like more specific guidance on any of these points?
It sounds like you need some guidance on how to proceed with your attorney and get the information you need. Here are a few steps you might consider:
- Follow up with your attorney via phone or in-person if possible.
- Check with the probate court for updates on the executor and asset distribution.
- Consider seeking a second opinion from another attorney.
Would you like more specific guidance on any of these points?
How do i check the probate court? Is it wrong that my attorney is not keeping me updated
Case Rating: *
To check the probate court for updates, you can:
- Visit the probate court in the county where the estate is being probated.
- Call the court to inquire about the status of the estate.
- Check if the court has an online portal for case information.
It's reasonable to expect updates from your attorney. If you’re not getting responses, consider seeking a second opinion.
Would you like more specific guidance on contacting the probate court or finding another attorney?
To check the probate court for updates, you can:
- Visit the probate court in the county where the estate is being probated.
- Call the court to inquire about the status of the estate.
- Check if the court has an online portal for case information.
It's reasonable to expect updates from your attorney. If you’re not getting responses, consider seeking a second opinion.
Would you like more specific guidance on contacting the probate court or finding another attorney?
If all medical information shows he was capable of makinv sound decisions. What is the likelyhood of her being successful in proving undue influence
Case Rating: *
The likelihood of proving undue influence depends on various factors, including the relationship dynamics, evidence of coercion or manipulation, and the timing of the codicil. If medical information shows he was capable of making sound decisions, it may be challenging for her to prove undue influence.
Would you like more detailed information on how to defend against an undue influence claim in South Dakota?
The likelihood of proving undue influence depends on various factors, including the relationship dynamics, evidence of coercion or manipulation, and the timing of the codicil. If medical information shows he was capable of making sound decisions, it may be challenging for her to prove undue influence.
Would you like more detailed information on how to defend against an undue influence claim in South Dakota?
Yes
Case Rating: *
In South Dakota, defending against an undue influence claim involves:
- Demonstrating the decedent's mental capacity and independent decision-making.
- Showing the absence of coercion or manipulation.
- Providing credible witness testimonies.
Consider gathering all relevant medical records and witness statements supporting his sound decision-making.
Would you like more detailed steps on gathering evidence or any other aspect of your defense?
In South Dakota, defending against an undue influence claim involves:
- Demonstrating the decedent's mental capacity and independent decision-making.
- Showing the absence of coercion or manipulation.
- Providing credible witness testimonies.
Consider gathering all relevant medical records and witness statements supporting his sound decision-making.
Would you like more detailed steps on gathering evidence or any other aspect of your defense?
What if everything shows I did everything for him and went above and beyond taking care of him. And shows how he tried everything to come home to me. To the point it was difgicult for nurses and they would have to sedate him while in the hospital.
Case Rating: *
It sounds like you were very dedicated to your husband’s care. Here are a few steps to strengthen your defense:
- Gather medical records showing his mental capacity.
- Collect witness testimonies from medical staff and others who observed his decision-making ability.
- Document all your efforts in providing care.
Would you like guidance on how to collect and organize this evidence?
It sounds like you were very dedicated to your husband’s care. Here are a few steps to strengthen your defense:
- Gather medical records showing his mental capacity.
- Collect witness testimonies from medical staff and others who observed his decision-making ability.
- Document all your efforts in providing care.
Would you like guidance on how to collect and organize this evidence?
If my attorney and the other are working together to get us to setyle, do they both collect, as it was */* of the settlement or nothing if loses?
Case Rating: *
In a contingency fee arrangement, attorneys typically receive a percentage of the settlement (often */*) only if you win or settle the case. If the case is lost, they generally receive nothing. It's important to clarify the terms with your attorney.
Would you like more specific information on contingency fee agreements?
In a contingency fee arrangement, attorneys typically receive a percentage of the settlement (often */*) only if you win or settle the case. If the case is lost, they generally receive nothing. It's important to clarify the terms with your attorney.
Would you like more specific information on contingency fee agreements?
But what if both parties settle
Case Rating: *
If both parties settle, the attorneys will typically receive their agreed-upon percentage of the settlement amount. In a contingency fee arrangement, this is usually around */* of the settlement.
Would you like more detailed information on how settlements are processed or the next steps you should take?
If both parties settle, the attorneys will typically receive their agreed-upon percentage of the settlement amount. In a contingency fee arrangement, this is usually around */* of the settlement.
Would you like more detailed information on how settlements are processed or the next steps you should take?
Shpuld I be concerned my atyoney does not respond to me?
Case Rating: *
It's understandable to be concerned if your attorney is not responding to you. Here are a few steps you might consider:
- Follow up with your attorney via phone or in-person.
- Review your engagement agreement to understand their communication obligations.
- Consider seeking a second opinion from another attorney.
Do you need more guidance on finding another attorney or managing your current one?
It's understandable to be concerned if your attorney is not responding to you. Here are a few steps you might consider:
- Follow up with your attorney via phone or in-person.
- Review your engagement agreement to understand their communication obligations.
- Consider seeking a second opinion from another attorney.
Do you need more guidance on finding another attorney or managing your current one?
My attorney said it could take years. Is that true? I brought my husband home in Dec and he passed in April from his cancer
Case Rating: *
I'm sorry to hear about your situation. Legal cases, especially those involving estates and claims like quantum meruit, can indeed take a considerable amount of time due to the complexity and various legal processes involved.
Would you like more detailed information on how to expedite your case or manage communication with your attorney?
I'm sorry to hear about your situation. Legal cases, especially those involving estates and claims like quantum meruit, can indeed take a considerable amount of time due to the complexity and various legal processes involved.
Would you like more detailed information on how to expedite your case or manage communication with your attorney?
Yes
Case Rating: *
To help expedite your case and manage communication with your attorney, you could consider the following steps:
- Schedule a meeting with your attorney to discuss the case timeline and any potential delays.
- Request regular updates and establish a communication schedule.
- If delays persist, consider consulting another attorney for a second opinion.
Would you like more specific guidance on any of these points?
To help expedite your case and manage communication with your attorney, you could consider the following steps:
- Schedule a meeting with your attorney to discuss the case timeline and any potential delays.
- Request regular updates and establish a communication schedule.
- If delays persist, consider consulting another attorney for a second opinion.
Would you like more specific guidance on any of these points?
I provided * binders of documenation that consisted of a log of all transportation to dr appts, prescription pickups, seeing family, checking on his property. Also phone call logs, all text messages from friends and famiky to what the conversations were when visiting and my taking him to the bank to deposit checks from selling property into his bank account
Case Rating: *
It seems you've collected substantial evidence to support your claim. Here are a few additional steps to consider:
- Ensure all documentation is well-organized and clearly presented.
- Consider seeking a second opinion from another attorney if your current one remains unresponsive.
Would you like more detailed guidance on organizing your evidence or finding another attorney?
It seems you've collected substantial evidence to support your claim. Here are a few additional steps to consider:
- Ensure all documentation is well-organized and clearly presented.
- Consider seeking a second opinion from another attorney if your current one remains unresponsive.
Would you like more detailed guidance on organizing your evidence or finding another attorney?
It is organzed
Case Rating: *
It sounds like you've done a thorough job of gathering and organizing evidence to support your claim. Given the complexity and the importance of your case, it's crucial to have a responsive and dedicated attorney.
Would you like more specific guidance on finding another attorney who can better assist you with your case?
It sounds like you've done a thorough job of gathering and organizing evidence to support your claim. Given the complexity and the importance of your case, it's crucial to have a responsive and dedicated attorney.
Would you like more specific guidance on finding another attorney who can better assist you with your case?
Yes
Case Rating: *
Your situation appears to be complex and important, and having a responsive attorney is crucial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
Your situation appears to be complex and important, and having a responsive attorney is crucial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
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