Birmingham, AL asked in Probate for Alabama

Q: Is there a statute of limitations on fraud upon the court in probate?

1979 filing wherein minors were by affidavit of Trustee of Will to be above 21 and no guardian was hired during pendency of probate case.

Related Topics:
1 Lawyer Answer
Mr. Joshua Benjamin Key
Mr. Joshua Benjamin Key
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: In actions based on fraud that would otherwise be barred by the statute, the claim is not considered as having accrued until the aggrieved party discovers the fraud, after which he has two years in which to commence his action. [Ala. Code §6-2-3]

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.