Ford + Bergner Attorney Thomas Horton Wins 2 Trials

By Don D. Ford III
Mar 1, 2016

In January and February 2016, F+B attorney Thomas Horton won back to back trial victories in two different cases that had the same issue.  In both cases, F+B’s clients were attempting to probate a Will more than 4 years after the date of the Decedent’s death.  Generally, it is not possible to probate a Will more than 4 years later, but an exception exists if you are probating the Will as a Muniment of Title only.  However, in order to successfully do that, the client must show that they were “not in default” for having failed to present the Will within the 4 year period following the death.

In both of these cases, opposing parties were alleging that Mr. Horton’s clients defaulted by failing to present the Wills earlier.  In the first case, the Decedent had died 7 years earlier, and in the second case, the Decedent had died 12 years earlier.  Mr. Horton successfully proved that his clients were not in default, and each Will was admitted by the Court to probate. 

Although there are restrictions on getting a Will admitted to probate when more than 4 years has elapsed, Ford + Bergner has the expertise to assist our clients in clearing those hurdles.


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