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Is it considered extrinsic fraud if a public administrator/executor doesn't notify heirs that were in someones will? Also, are..

San Diego, CA |

...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~

Attorney Answers 1


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.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

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