In a case decided in 2011, a testator had children from a prior marriage. A will was filed for probate leaving everything to his second wife. One of his children contested the will. During the contest, a family settlement agreement was reached. As part of the family settlement agreement, the will contest was dropped and the will was admitted to probate. Several years later, the daughter found out that one of the second wife’s children had forged the will with the help or knowledge of the second wife. She filed suit to set aside the forged will.
In upholding the trial court’s dismissal of the suit, the Court of Appeals said that the suit to set aside the will was not filed within the time required by the statute of limitations and could not be brought even though the will was forged!
Knowing what to do
This case is another clear message from the courts: if you have questions about a will, you better act promptly or you won’t be able to question the will even if it is forged. This case also illustrates the necessity of knowing what cause of action needs to be filed and the consequences of filing the wrong cause of action. 10-09-00275-CV.