Legal Question in Wills and Trusts in Maryland
In the state of Maryland is there a statute of limitations which allows a fraudulently filed deed to become legal? Can the persons responsible for filing a fraudulent deed be prosecuted? Can it be reported to the State Authorities or does it require a civil suit to begin taking action? This began with a questionable will probate which was closed and then reopened to transfer property which was misstated in the original probate.
1 Answer from Attorneys
Your answer involves a number of questions for which the answers depend heavily on specific facts.
Yes, there is a statute of limitations for virtually all actions in Maryland. Generally this is 3 years though there are exceptions to this general rule. An attorney cannot really say what limitations apply without knowing more facts and you may wish to meet with an attorney to go over the specifics of your situation.
Fraud can be both civil and/or criminal in nature. Criminal fraud can be charged and prosecuted. Civil suits proceed separately from criminal and one does not need one for the other.
Probate actions involve their own set of timeframes and if the allegation involves a challenge to a will or a wrongful or incorrect distribution (as opposed to someone forging a deed), then it may be necessary to address those issues in the estate itself or in a related action for breaches of the the fiduciary duties.
While I hope the general legal information above helps, it neither creates any attorney/client relationship nor does it offer specific legal advice. You may want to consult with an attorney who can review your particular situation in depth and offer options on how to proceed.
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