Q: What could be done against former Temporary Administrator of the Estate of a deceased for making a false claim?
In an accident 30 years ago a person died but his wife survived. A wrongful lawsuit followed that resulted in surviving wife receiving compensation for death of her husband and her injuries. Surviving wife found out recently that Temporary Administrator of the Estate of deceased also received a substantial amount in the settlement as per the newly discovered settlement agreement. Former Temporary Administrator of the Estate of deceased denies receiving money from settlement and claims that entire amount of settlement went to the surviving wife. The brother of the former Temporary Administrator of the Estate of deceased has recently filed a criminal case against the surviving wife overseas for not getting his share from the wrongful death settlement. the settlement agreement says that half of the settlement went to the former Temporary Administrator of the Estate of deceased. surviving wife thought she was the only person entitled to compensation. Could someone please help?
A: It has been too long for a criminal conviction because there is a 10 year period specified by the statute of limitations for theft from an estate. See: Texas Code of Criminal Procedure article 12.01(2)(A)
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