Legal Question in Wills and Trusts in Texas
lawsuit against the state
Because of the way my father's estate was probated in 1963 I want to file a $1 billion lawsuit against the state of Texas, county of Harris, and the city of Houston. I am looking for case law to be able to file the lawsuit myself. Are there statutes of limitation in probate when fraud is involved? It seems the attorneys involved misrepresented the heirs and they were denied the estate. I want to file against licensed attorney who profited from the estate and minor kids were left without their father's estate. We are told we don't have an interest but liens have been being filed on us for forty years. Actually this involves two probated wills. Both wills were filed by an ex-wife with no children. The ex-wife controlled the estate for four years and then died leaving the estate to her relatives. She was an ex with no children whatsoever.
1 Answer from Attorneys
Re: lawsuit against the state
You have some basic problems in connection with your allegations, some of which are:
1. Where do you come up with $1,000,000,000?
2. If you are asserting a tort claim against the state and the city, you likely are precluded from bringing the suit because of the Texas Tort Claims Act.
3. It is quite likely that you are barred by the two and four-year statute of limitations.
4. You have only four years to probate a will, with some lattitude allowed to the court in special circumstances, but realistically, after over 40 years, you will get no where on probating another will.
5. The claims against the attorneys likely are barred by the statute of limitations. If they were representing you, and concealed critical facts, the limitations period might be extended somewhat until you knew or REASONABLY SHOULD HAVE KNOWN of your claim.
6. Gifts to an ex-spouse in a will are void, unless the will was executed after the divorce. I cannot believe that this would have been overlooked in a $1,000,000,000 size estate.
7. You have given - 0 - facts to show what you are complaining about other than some type of misrepresentation and that the attorneys profited. If you are talking about a $1,000,000,000 estate, it is worth having a consultation face to face with an attorney rather than seeking free advice on the internet.
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