[WSBAPT] FW: Statute of Limitations - Improper Transfer

[Martin]

I agree I should have said SOL runs not from date of fraud but date of discovery etc. 

 

From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Martin
Sent: Monday, June 7, 2021 11:14 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Statute of Limitations - Improper Transfer

 

Whatever specific statute may be involved I would suggest keeping in mind that there if there is fraud any statute begins to run from the date of fraud, so a lot of law says.  Whether there is or is not fraud, concealment, etc. or innocent mistake is another matter.  

 

From: wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com>  On Behalf Of Brent Williams-Ruth
Sent: Monday, June 7, 2021 10:30 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com <mailto:WSBAPT at lists.wsbarppt.com> >
Subject: [WSBAPT] Statute of Limitations - Improper Transfer

 

Greetings List - 

 

If a sibling used a Lack of Probate Affidavit to transfer the house of a deceased parent but cut out a sibling(s) with whom they have been estranged for years.....what would the statute of limitations be on rectifying that?  Would this fall under a fraud SOL - 3 years? or a written contract - 6 years? Something else?

Brent Williams-Ruth (preferred pronoun: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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