QUESTION
How is the time (statute of limitations) calculated on a family trust forgery; by the date you learn of it or time passed since the forgery?
Asked on Dec 04th, 2012 on Estate Planning - Michigan
8 ANSWERS
Normally, the statute runs from the date of discovery. You should consult an attorney to review all of the facts and advise you.
Answered on Dec 05th, 2012 at 9:52 PM
It would start upon the date that a reasonable person should have discovery it or you actually did discover it, which ever is earlier.
Answered on Dec 05th, 2012 at 9:27 PM
3 Awards
Nevada has a two year and four SOL that may apply depending upon the facts and circumstances. If the trust's validity has already been litigated and a non-party to the action now wants to challenge some different procedural rules may apply. You definitely should speak with an attorney who handles will and trust contests to address the facts of your case to determine which limitations period applies in your specific circumstance.
Answered on Dec 05th, 2012 at 9:05 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The statute of limitations for fraud in Michigan is 1 year from the date you learn of it.
Answered on Dec 05th, 2012 at 8:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It all depends on the facts and circumstances. Courts are generally willing to let you get your foot in the door, but there are situations where this is just not possible. You have a complex situation and you probably should discuss this in person with a lawyer who can review all of your documents and facts.
Answered on Dec 05th, 2012 at 8:31 PM
The applicable statute of frauds apply from the date you knew or should have known. There may several different theories under which litigation might be brought to recover whatever was wrongfully taken in a civil action. The may also be criminal charges that may be brought with different statutes of limitation in which restitution might be obtained.
Answered on Dec 05th, 2012 at 8:27 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Depending on the state law, generally from the date you learn of the fraud, but you must act expeditiously, and be able to show you were never made aware of the fraud in some time in the past.
Answered on Dec 05th, 2012 at 8:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on the details in the circumstances, you will have to see an attorney Valid opinion.
Answered on Dec 05th, 2012 at 8:24 PM