Can someone found in fraud be made to pay attorney fees and court costs.

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    • #1917
      Bessie
      Participant

      My Dad's will and probate was taken advantage of due to his dementia and false information given by executrix in distribution of assets and property.. If I prove it can I ask for attorney fees and court costs to be cast upon guilty party?

    • #2216
      Lex
      Participant

      Is this an open succession, or has it been closed?

    • #2217
      pro
      Participant

      It is closed. I found out because of another issue I was looking into. It was filed four months ago.

    • #2218
      Lex
      Participant

      It would still be timely to re-open the succession. You just have to allege a reason you want to re-open which most of the time is done because an item of property was overlooked. But still, misleading the court with an affidavit saying nobody is disabled or the existence of a forced heir would also be valid reasons.

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