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false allegations

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Mamacat104

Guest
What is the name of your state? Texas

My husband died without a Will. The estate is worth less than $90,000 total. There is property which was purchased before our marriage, which is 50% mine and 50% goes to his brothers and sisters.
I have a sister-in-law who went to an attorney and lied to him that there was a Will and accused my daughter (from previous marriage) and I of tearing it up. She also accused one of her brothers of finding it and destroying it. I have also been accused of being a bigamist and not being legally married to my husband in an attempt to take EVERYTHING in the Estate away from me. This battle has cost me over $15,000 already and we aren't even into court the first time yet. She also accused us of getting rid of property (which is NOT true). she obviously has been trying everything she can to get the Estate away from me.
Is there anything that I can do to sue her for her false allegations against me. Had she been truthful with her lawyer, he would have not taken the case against me. If she had NOT fought me for the Estate, the fees would have only been around $4000-$5000 but because of her fight, it has increased drastically. Can we file against her for the cost over and above what the initial fee would have been? Is there ANYTHING at all that I can do to make her pay for these fees she has caused? Can some of them be taken from her part of the inheritance?

Thanks
Barbara
 


ALawyer

Senior Member
In most states any person who files suit without a basis for it can be sued in turn, and pay damages, and often the person's lawyers can be sanctioned. BUT the sad part is that may cost you a lot of money up front and recovery is uncertain.

I'd say you won -- and the expenses of defending her suit may be able to come out of the estate, so you'd only wind up losing half of it and have the satisfaction she also lost half. Ask your lawyer.
 
M

Mamacat104

Guest
That is where it seems to be unfair. I have to pay half the expenses (from my part of the Estate) to defend against her false allegations. It should be her who pays for it all. the law to protect the victims (in this case, me) is just not fair. Seems the one causing the trouble gets by with less fees and agrevation than the victim.
tghe law surely needs to be changed in Texas (and probably other states) to BETTER protect a surviving spouse from vicious in-laws. Seems the laws are protecting the in-laws and not the spouse...
thanks
Barbara
 

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