Texas Probate Misrepresentation Contest

Summary

In Texas, misrepresentation in a probate application, such as omitting surviving children or beneficiaries, can be grounds for contesting. The Texas Estate Code requires listing all heirs in the probate application. If misrepresentation occurs, you can file a contest, gather evidence like birth certificates, and consider a fraud claim. No statute of limitations generally applies to estate inventory claims. Ensure your complaint is comprehensive and includes all relevant documents. Consider using the title Contest of Probate Application Due to Misrepresentation of Surviving Children and Beneficiaries for your complaint.

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In my father's estate I figured out what happened. My father's second wife is very dishonest. In the Texas Estate Code the phrase No Child or children born to or adopted by the decedent after making of the Will means he had no surviving children when he died
It sounds like you might be dealing with a complex inheritance issue. The Texas Estate Code can be intricate, especially regarding the interpretation of wills. To clarify, are you concerned about the distribution of assets or the validity of the will itself?
This was stated in the Application for Probate of the Will and Codicil
It seems like you are dealing with a situation involving the interpretation of a will and potentially contesting its validity. Here are some general points about Texas Estate Code:
- Texas Estate Code § *.* pertains to codicils and the effect of subsequent children.
- If a child is born or adopted after the will is made and not mentioned, they could have a claim.
To help you further, are you looking to challenge the will's validity or its interpretation?
I'm an adult male and born long before the Will was made. But that statement in an Application for Probate of Will and Codicil means the when my father died there were no surviving children
It looks like your concern centers on the misrepresentation in the probate application that there were no surviving children. Texas Estate Code § *.* can be relevant in cases involving children born after the will's creation, but since you were born long before, this seems like a potential ground for challenging the probate.
Are you interested in contesting the probate application's validity based on this misrepresentation?
But there are surviving children that are beneficiaries in the Will
It appears there may be a significant issue with the probate application misrepresenting that there were no surviving children, while in reality, there are beneficiaries in the will. You might have strong grounds to contest the probate on this basis.
Would you like to know more about the specific steps to challenge the probate application in Texas?
Does the phrase No Child or children born to or adopted by the decedent after making of the Will means no surviving children at all
The phrase "No Child or children born to or adopted by the decedent after making of the Will" typically means that there were no children born or adopted after the will was created. It doesn't necessarily imply that there are no surviving children at all.
Would you like to know more about the steps to challenge the probate application based on this possible misrepresentation?
It does in the Texas Estate Code
To clarify, the phrase "No Child or children born to or adopted by the decedent after making of the Will" does not imply that there are no surviving children at all. It means no children were born or adopted after the will was made.
Are you looking to contest the probate application based on this possible misrepresentation?
Because it would list the surviving children in the Application for Probate of Will and Codicil
It appears you might have a strong case to contest the probate application due to misrepresentation. Here are some general steps to contest a probate application in Texas:
- File a contest: Submit a formal objection to the court.
- Gather evidence: Collect documents proving your status as a surviving child.
- Attend hearings: Be prepared to present your case in court.
Would you like to know more about any of these steps or need additional information?
Is that correct
It looks like you have a potentially strong case due to the misrepresentation in the probate application. The Texas Estate Code can be complex, but it seems you are concerned with how the probate application handled the listing of surviving children.
To clarify further:
- "No Child or children born to or adopted by the decedent after making of the Will" means no children were born or adopted after the will was made, not that there are no surviving children.
Would you like more detailed guidance on how to contest the probate application?
In the Texas Estate Code it is what it implies when the surviving children are not included in the Application
It sounds like you're dealing with a significant misrepresentation issue in the probate application. Here's some general information:
- Texas Estate Code § *.*: Requires the application for probate to list all surviving heirs.
- Misrepresentation in the probate application can be a valid ground for contesting.
Would you like to know the steps to contest the probate application based on this misrepresentation?
Why would it ask only about children after making the Will and not ones that survived him
It seems you're dealing with a complicated inheritance issue involving the interpretation of the Texas Estate Code and potential misrepresentation in the probate application. The reason the code specifies "No Child or children born to or adopted by the decedent after making of the Will" is to address any children who might have been unintentionally omitted from the will.
The application for probate should list all surviving children, regardless of when they were born. If it doesn't, that could be a misrepresentation.
Do you want to know the specific steps to challenge the probate application based on this misrepresentation?
Agreed but not listing them implies there are no surviving children
It seems there's a significant misrepresentation issue in the probate application. Here are the steps to contest the probate application in Texas:
*. File a Contest: Submit a formal objection to the court.
*. Gather Evidence: Collect documents proving your status as a surviving child.
*. Attend Hearings: Present your case in court.
Would you like more detailed guidance on any of these steps?
Are the surviving children and beneficiary of a will required to be identified of there status
Surviving children and beneficiaries of a will should be identified and listed in the application for probate.
Would you like to know more about the specific legal obligations for listing heirs and beneficiaries in Texas?
Yes
To challenge the probate application based on misrepresentation, here's what you need to know about the legal obligations for listing heirs and beneficiaries in Texas:
- Texas Estate Code § *.*: Requires the application for probate to list all surviving heirs, including children, regardless of when they were born.
- Misrepresentation: Failing to list surviving children can be grounds for contesting the probate.
Would you like guidance on how to file a contest?
she also filed in the Affidavit of Compliance she is only beneficiary
It appears you have a substantial issue concerning the misrepresentation in the probate application and possible fraud in the Affidavit of Compliance. Here are some key points:
- Texas Estate Code § *.*: All surviving heirs, including children, must be listed in the probate application.
- Misrepresentation: Falsely stating no surviving children and claiming to be the only beneficiary can be grounds for contesting the probate.
Would you like to know the specific steps to file a contest and gather evidence against this misrepresentation?
Would the cause of action be fraud
The cause of action could indeed be fraud, especially if there's intentional misrepresentation in the probate application and Affidavit of Compliance.
You might consider these points:
- Misrepresentation: Deliberate omission of surviving children.
- Affidavit of Compliance: False claims about sole beneficiary status.
Would you like more details on how to gather evidence and file a fraud claim?
It all ties together. Even in the Proof of death and other facts she did same thing
It sounds like you have substantial grounds to challenge the probate application and possibly file a fraud claim due to misrepresentation. Here are some steps to consider:
- File a Contest: Submit a formal objection to the probate court.
- Gather Evidence: Collect documents showing your status as a surviving child.
- Fraud Claim: Consider filing a fraud claim based on intentional misrepresentation.
Would you like more detailed guidance on gathering evidence or filing a fraud claim?
Yes
Certainly! Here are some steps you can take to gather evidence and file a fraud claim:
*. File a Contest: Submit a formal objection to the court regarding the probate application.
*. Gather Evidence: Collect documents proving your status as a surviving child, such as birth certificates, your father's will, and any communications.
*. Fraud Claim: File a fraud claim based on intentional misrepresentation in the probate application and Affidavit of Compliance.

Would you like more detailed guidance on how to proceed with any of these steps?
I already filed a declaration with my birth certificate and my father's death certificate. Stating she is not my mother as well. Can I include this in my Additional inventory and Appraisement and list of claims complaint
Yes, you can include your declaration, birth certificate, and your father's death certificate in your Additional Inventory and Appraisement and List of Claims complaint. These documents can strengthen your case by proving your status as a surviving child and highlighting any misrepresentation.
Would you like guidance on how to format and file this complaint?
I have it already I'll just add it into part of the complaint because it all makes since how she did this
It sounds like you have a strong case for contesting the probate application based on misrepresentation and potential fraud. Adding your declaration, birth certificate, and your father's death certificate to your complaint is a good move.
Would you like any further guidance on what to expect during the court process or how to present your evidence effectively?
Her own documents are conclusive evidence
It seems you have a strong case due to substantial misrepresentation. Here’s what you can do next:
- File a Contest: Ensure your formal objection is comprehensive.
- Present Evidence: Use her documents to demonstrate inconsistencies and misrepresentations.
- Prepare for Court: Organize your evidence for a clear presentation.
Would you like more details on court procedures or how to effectively present your evidence?
What should the title be. For not listing beneficiary and surviving children in the Application
For your complaint, you can use the following title:
"Contest of Probate Application Due to Misrepresentation of Surviving Children and Beneficiaries"
Would you like more details on how to format the rest of your complaint or any specific sections?
I'm going to add that in my complaint for the inventory because no statute of limitations applies
In Texas, generally, there is no statute of limitations for filing claims regarding the inventory of an estate. Make sure your complaint is detailed and includes all necessary evidence.
Would you like any assistance on how to structure the complaint or any additional information regarding fraud claims?
What is the cause of action
The cause of action in your situation appears to be "fraud." This stems from the intentional misrepresentation and omission of surviving children and beneficiaries in the probate application and other related documents.
Would you like more information on how to properly structure your fraud claim or any other specific legal steps?
Good for now
It seems you have a solid case for contesting the probate application due to misrepresentation and potential fraud. Gathering and presenting your evidence effectively will be crucial. Feel free to reach out if you need further assistance in the future. Best of luck!