QUESTION
Is a recorded conversation of a family argument admited in civil court after 15 years?
Asked on Jan 01st, 2013 on Estate Litigation - Texas
More details to this question:
15 years ago, my husband's son and his wife were visiting us, we had a conversation about him maybe using one of his accounts to gamble in Vegas or leaving it to his grandchildren. I got really angry and we started arguing in their presence. That account was supposed to pass to me by his residual in a Will he just executed. The daughter in law, had a concealed recorder with her and has kept a CD of this conversation. Since then, that account was joined to our mutual account and we just purchased a lifetime annuity. Can she use this tape in a civil lawsuit against me?
1 ANSWER
Kevin Spencer
Ms. Aquino:
Yes, if there is a recording that has been preserved, it can be used against you, if it has some probative value, i.e., if it is relevant.
You have not described the civil lawsuit. Since I do not know what is pending or what is contained on the tape, I cannot tell you whether it would be relevant. To me it sounds way too old and remote to have any relevance to anything. When that much time has passed and the character of the account has changed and new documents (a Will) have been executed, I struggle to see how it could ever be relevant. If it is relevant, it would be very weak evidence of anything, other than an argument that happened 15 years earlier.
I hope I have answered your question(s).
Sincerely,
Kevin Spencer
www.spencerlawpc.com
Answered on Jan 20th, 2013 at 9:34 PM