What can be done about a fraudulent Will?

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What can be done about a fraudulent Will?

My mom died in 2008 and did not leave a Will. My brother has made a Will and had it probated. I have proof that the signatures are forged. He has put the house in his name and has said that he will evict me. I have lived in the house every since before my mom passed. I was living there when she died. How do I go about getting a reversal of the probate court’s decision?

Asked on November 19, 2010 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to hire an attorney as soon as you can on this matter.  You need to object to the probate of the Will as fraudulent.  By the way that you have phrased the question here it appears that you may have lost the ability time wise to do so.  But you can still possibly bring an action as against your brother for fraud. Your Mother diedintestate, meaning without a Will and the intestacy statutes in the state of Texas would apply. Generally speaking siblings inherit equally, meaning that your brother and you would share in the house and he had no right to place it in his name.  Get help really quickly here.  Good luck.


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