What is the Statute of Limitation on Fraud?

[SandraNPeterson]

My brother-in-law has been deceased for 13 years. Last year, his widow received a letter addressed to her husband asking what he wanted done with the will he was holding in his safe...as he was going to retire. He was unaware that his client had died. My sister telephone the attorney and advised him that her husband had died 13 years ago and this was the first she heard of him having a will. The attorney asked for everyone's address and then sent a copy of the will to my sister, her 4 daughters and her step-son.

The step-son recently filed a civil suit against my sister claiming fraud... that she must have known about the will and destroyed it. Which is untrue.

Could you please tell me what the statute of limitations is on a case like this?

Thank you,

Sandra Neely Peterson
http://ourworld.compuserve/com/homepages/S_Peterson

 

[charlesesq]

My brother-in-law has been deceased for 13 years. Last year, his widow received a letter addressed to her husband asking what he wanted done with the will he was holding in his safe...as he was going to retire. He was unaware that his client had died. My sister telephone the attorney and advised him that her husband had died 13 years ago and this was the first she heard of him having a will. The attorney asked for everyone's address and then sent a copy of the will to my sister, her 4 daughters and her step-son.

The step-son recently filed a civil suit against my sister claiming fraud... that she must have known about the will and destroyed it. Which is untrue.

Could you please tell me what the statute of limitations is on a case like this?[\quote]
I don't think if your sister had committed fraud in concealing the will that the statute of limtiations would absolve her. This is because it doesn't make sense that the statute of limtiations should begin to run -- why? Because then otherwise those committing fraud would benefit from their own concealment of their wrongdoing! Instead, what typically happens is that the statute of limitations is paused -- "tolled" -- and that it begins to run once the fraud is discovered. In this way a fraud must be brought to court within a reasonable period of time so that the evidentiary matter and "memories" of witnesses are fresh as possible and that a stale matter is not brought in front of the court.

While it is doubtful, IMHO, that the case will be dismissed on a limitations issue, the brother would have to show that your sister knew about the will. I'm assuming that the case went through probate as though her husband died without a will. I'm interested in hearing what happened. Good luck to your family in this matter.

 

[bryan]

This is a Civil case and not a criminal one. Statute of Limitations refers to how long they have to bring criminal charges, and has nothing to do with civil matters.

 

[NYClex]

that is not correct, there are statutes of limitations for civil matters as well, regulating how long after a certain incidence an action can be brought:

Simplified example: in New York there is a one year limitation on defamation actions. So if someone defames you on January 1, 2002 you have only until December 31 to bring a civil action against him.

 

[bryan]

Well thank you for that. Seems I have been misinformed in the past. Know what they say, you learn something new every day.