How to handle presumed fraud on community?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to handle presumed fraud on community?

Surviving spouse in Texas has withdrawn significant amounts of cash during
marriage. During probate he consistently refuses to provide respective financial
records, instead only made a statement that he spent funds on everyday expenses.
Is this sufficient to refute fraud on community presumption? If not what is the
proper course of action and is there a statue of limitation for filing a suit on
that claim? Can the executor wait until the surviving spouse passes away and just
file a claim with his executor?

Asked on September 25, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The estate of the wife needs to press the fraud claim now, versus later.  If the executor waits until after surviving husband passes, then valuable information could be lost, or assets completely depleted, or the statute of limitations could run on the cause of action.  If the estate on behalf of the wife wants to make a claim, then an attorney for the wife's estate needs to make the claim, file the motion, and compel disclosure of the documents necessary to explain the location of the cash that was withdrawn during the marriage.  There is a process for tracking assets... but it requires filing a motion, the setting of a hearing, and obtaining a ruling by a judge to compel disclosure. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption