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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12361
Experience:  JD, MBA
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I recently found out from a reliable source that my sister

Customer Question

I recently found out from a reliable source that my sister in law commit inheritance fraud against my now deceased wife back in the mid 90's when their father passed away. Is there any action that myself or son can take against her now because of this??
Submitted: 1 year ago.
Category: Estate Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, it is likely much too late to take any action against the sister-in-law because the statute of limitations would have passed long ago. Generally, an interested party has 2 years to dispute a probate matter in this type of circumstance. However, there is a rule in Illinois called the discovery rule, which states that the statute of limitations does not begin to run until the fraud is discovered or should have been discovered. So, it's possible that legal action can still be taken ... but I still think that it's probably unlikely. Nonetheless, it doesn't hurt to meet with a local attorney who can review the probate action from the '90s in detail to determine if fraud occurred, and if so, whether you should have discovered it back then or not.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!