Will a forged will always be set aside?

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

Forged willNo, says the Waco Court of Appeals.

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.

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Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

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