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Lying in a will

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jaymewoodall

Junior Member
What is the name of your state? Texas
Both of my deceased parents lied in their wills and documents by stating that they were only survived by their two daughters, when in fact, they had two first-born sons, who lived a few blocks away from them all their lives. Is this legal or can we contest the wills on the grounds that they lied?
 


BelizeBreeze

Senior Member
What is the name of your state? Texas
Both of my deceased parents lied in their wills and documents by stating that they were only survived by their two daughters, when in fact, they had two first-born sons, who lived a few blocks away from them all their lives. Is this legal or can we contest the wills on the grounds that they lied?
hold the will and any codiciles up to the monitor so we can read and advise.
 

seniorjudge

Senior Member
What is the name of your state? Texas
Both of my deceased parents lied in their wills and documents by stating that they were only survived by their two daughters, when in fact, they had two first-born sons, who lived a few blocks away from them all their lives. Is this legal or can we contest the wills on the grounds that they lied?
When did the parents die?
 

jaymewoodall

Junior Member
My father died in 1998 and altho we were never notified of his death, court documents reveal that where it asked to list all your children, he chose to only list two, even tho he was fully aware of the other two, living a few blocks away. Then, my mother died last Tuesday (12/19/06) and again we were not notified. Her obituary also stated that she only had two children. We believe that she would have also lied and stated that she only has two children in her will. We believe that her executor will also state this. We really don't know how to proceed on this, but we want to set the record straight. We don't know if you are legally bound to list all your children even if you chose to exclude them in a will or other document.
 

BelizeBreeze

Senior Member
My father died in 1998 and altho we were never notified of his death, court documents reveal that where it asked to list all your children, he chose to only list two, even tho he was fully aware of the other two, living a few blocks away. Then, my mother died last Tuesday (12/19/06) and again we were not notified. Her obituary also stated that she only had two children. We believe that she would have also lied and stated that she only has two children in her will. We believe that her executor will also state this. We really don't know how to proceed on this, but we want to set the record straight. We don't know if you are legally bound to list all your children even if you chose to exclude them in a will or other document.
You were asked another question. Are the left-out children the children of the mother, the father or both?
 

jaymewoodall

Junior Member
The two left-out sons were the eldest and from a previous mariage. They were legally adopted in childhood by my mother's second husband. The two mentioned daughters were the product of this second mariage. However, all four were raised in the same household.
 

BelizeBreeze

Senior Member
The two left-out sons were the eldest and from a previous mariage. They were legally adopted in childhood by my mother's second husband. The two mentioned daughters were the product of this second mariage. However, all four were raised in the same household.
o.k. let's try this again because you don't seem to care if we understand or not.

WERE THE CHILDREN who were left out adopted or born to the TWO people you are speaking about in this post? get it now?
 

fairisfair

Senior Member
Mother was the biological mother of the two boys and of the two girls
"Father" was the adoptive and step father of the two boys and the biological father of the two girls. Is this correct.?????

(No offense intended by the quotation marks, just that he was a stepfather and then an adoptive father.)

PS. Are you SURE that he legally adopted the two boys???
 
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jaymewoodall

Junior Member
Yes, the two sons were the legal sons of the mother and her first husband and subsequentally adopted by her new husband when she remarried. They remained married until their deaths, the father in 1998 and the mother last week. In both instances, it was stated that the two daughters they had together were their only children. The two sons were never mentioned.
 

BelizeBreeze

Senior Member
Whether or not they were lying is beside the point. The two sons need to contest on the basis of Gorski v Welch (pertermitted heir status).

And this is not going to be easy or cheap.

They will have to PROVE to the court that their status as an heir has not been changed do to staute or legal proceeding.
 

seniorjudge

Senior Member
Whether or not they were lying is beside the point. The two sons need to contest on the basis of Gorski v Welch (pertermitted heir status).

And this is not going to be easy or cheap.

They will have to PROVE to the court that their status as an heir has not been changed do to staute or legal proceeding.
I suspect they have waited too long on the 1998 death.
 

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