Legal Question in Wills and Trusts in California
A family member is contesting the petition of conservatorship of another member and the dipsute is regarding a disabled sister. The objecting member made false and malicious allegations about the proposed conservator and his spouse. Can the spouse who is not involved, nor named in any peititons of guardianship or conservatorship, have the right to sue the objecting party for slander? Many false and derogatory statements were made against the proposed conservator and the spouse all of which were documented by the probate investigator .
2 Answers from Attorneys
You can't sue for defamatory statements related to court proceedings (such as in court papers, statements made to the police, or to the conservatorship investigator). If they repeat the allegations to third parties in a manner that isn't connected with the court proceedings, that's another story; even then, you'd have to pay for a lawyer, and you'd have to prove damages.
Mr. Stone is correct, particularly on the issue of damages if there was any defamation outside of court proceedings. You have to show specific monetary damages.
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