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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37061
Experience:  Texas lawyer for 30 years in Estate law
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Are there any cases that actually granted the reopening of a

Customer Question

Are there any cases that actually granted the reopening of a succession due to embezzelment or fraud?
Submitted: 11 months ago.
Category: Estate Law
Expert:  RayAnswers replied 11 months ago.

Hi and welcome back to JA. Ray here to help.

I could find no cases on that issue where succession was reopened.But that may be more the result of the personal representative having personal liability here.If they were involved int he civil fraud you can sue them individually for violating their fiduciary duties to you.

Expert:  RayAnswers replied 11 months ago.

You can sue for fraud and the one year begins when it was discovered..

Fraud, 1 year

La. Civ. Code art. 3492

Expert:  RayAnswers replied 11 months ago.

SECTION 2. FRAUD

Art. 1953. Fraud may result from misrepresentation or from silence

Fraud is a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.

Expert:  RayAnswers replied 11 months ago.

Another case for you where heir sued personal representative..

http://caselaw.findlaw.com/la-court-of-appeal/1219532.html

I appreciate the chance to help you again.Please let me know if you have more follow up.Thanks again.

I wish you a happy holidays.

Customer: replied 11 months ago.
I already know the CCP and Art. thanks
Expert:  RayAnswers replied 11 months ago.

Good luck to you here.I wish you the best.

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