Austin, TX asked in Probate for Texas

Q: i need a sample template for a TRO and affidavit supporting facts. I filed petition of will submitted based on fraud

I need TRO filed because the estate properties were acquired by the submission of an altered/tampered with the holographic will that is fraudulent. I filed petition to contest the will submitted and this is on a probated case closed but I filed the petition within the 2 year statute and case in pending trial due trial date not set and discovery or docket control plan not submitted due to I am filing motion to get document forensically examined before trial because I will not pursue if there is no tampering of document evident, but there is per not only by my witnessing the revoke of document but the examiner has unofficially determined it to having signs of alterations by looking at the copies. Since my Petition of will contest based on fraud the opposing side has gone into a frenzy of selling off the estate properties all properties had for sale sign and one sold and sign taken down and contract pending the close of the sale is in November. so I need this fast. If anyone has a sampl

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: You are essentially asking an attorney to provide you a form without you having the education to use it properly ... that isn't going to happen in a forum like this -- it would essentially be committing malpractice! You NEED legal advice. Temporary Restraining Orders are NOT simple, and are rarely successful unless there is a clear demonstration with LEGALLY ADMISSIBLE EVIDENCE (Not just allegations!) that irreparable damages will occur. If indeed the property is being sold, you can always get a share of the money later, so the damage is not irreparable. There needs to be more.

I STRONGLY urge you to consult with a local attorney and HIRE him/her to represent your interests. There is a lot going on here and you need that guidance and help. You can't afford to NOT have an attorney in your corner, regardless of what you may feel about the cost. Don't be penny wise and pound foolish about this!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

1 user found this answer helpful

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