...are the statute of limitation tolled if fraud is discovered after probate has closed? What forms need to be filed to the court when fraud is involved? Please advise... Ty~
Family Law Attorney
Yes, if true this would be extrinsic fraud; "extrinsic fraud-- fraudulent acts which keep a person from obtaining information about his/her rights to enforce a contract or getting evidence to defend against a lawsuit. ".
But the statute of l.imitations for fraud in three years from the date of discovery. This is not an issue of forms to fill out--it is an issue of 1) proving actual extrinsic fraud, and 2) whether or not any assets can be reached if the probate has closed and all assets distributed. If this was a state employee who acted to defraud heirs, there would be additional hurdles.
You WILL need counsel.
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