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Is a forged will good for something?

Posted on | August 23, 2009 | 2 Comments

It can be used to determine when the statute of limitations starts running says the San Antonio Court of Appeals.

A man died. A will was offered and admitted to probate. A contest was filed. The jury found the will to be a forgery. The trial court ruled that the testator died intestate. There was no order specifically setting aside the order admitting the will to probate, just an order finding that it was forged.

More than two years after the forged will was admitted to probate, some heirs filed an earlier will for probate. They contended that the testator did not die intestate but that he had a valid will. The court denied the probate of the earlier will. They said that, in reality, the filing of the earlier will was a will contest. Will contest have to be filed within two years of the date a will is admitted to probate. “We hold that section 93 of the Texas Probate Code (the two year limitations period) applies to those situations where a party attempts to probate an earlier will after a later will has been admitted to probate.”

The court said that even though the first will was forged, the limitations period began to run on the day that it was admitted to probate. Since the earlier will was filed more than two years after the forged will was initially admitted to probate, limitations had run and it could not be admitted. The trial court’s ruling that the testator died intestate stands. 100 S.W.3d 424

This case show again the importance of taking action quickly. If you don’t, you lose your rights. Instead of the estate going to the people mentioned in the earlier will, it went to all of the testator’s heirs because under the ruling, he died intestate. While the reason the court ruled the way it did may be based on the language “(t)here was no order specifically setting aside the order admitting the will to probate, just an order finding that it was forged,” you don’t want to take any chances. Act quickly.

Comments

2 Responses to “Is a forged will good for something?”

  1. email newsletters
    December 12th, 2010 @ 1:23 pm

    I and my husband were looking for this information. You have covered them very well.

  2. Shirley
    March 19th, 2011 @ 5:44 pm

    A forged will was filed in the estate of my son. It took over two years and thousands of dollars to contest the will. It was found a forgery. The court has taken no action against the person who made the forgery, no action against the witnesses (3) who swore under oath that they “seen him sign the will”.

    The final analysis – Pennsylvania sais there was not enough money in the estate to worry about it. I was required to hire a document examiner, an investigator and research the case, then hire an attorney to file the case – when I won the will contest and when an appeal was filed by the forger, the appeal was found in my favor. Still no action from Pennsylvania.

    Then, more forgery, then insurance fraud, then vehicle title forgery and still they walk among us.

    Why make laws and brag about how tough they are about crime when in reality, unless you have lots of money and are well connected, they do not care.

    No news outlet has written the first word about this case. Why?

    I have established a web site to post the documents so that they may help others.

    http://www.denied-justice.com

    It is new and more will be added soon.

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