Legal Question in Family Law in Texas
Forgery
My ex-wife has forged my name on a document. This happened nearly 25 years ago and I just found out. She signed a form stating I relinquished a cemetary plot to her that was bought during our marriage. This was done a few months after our divorce. This was not addressed in our divorce papers, so I assume that legally one would go to her and one to me. Could you please tell me what my legal rights as far as the forgery is concerned and what steps I need to take. She is not aware that I know this. I obtained a copy of the forgery from the funeral home.
1 Answer from Attorneys
Re: Forgery
Tough call.
First review your decree to see what it says about property not divided by the decree.
Secondly, by what rights did the funeral home deed the rights to her? Was the document notarized?
Thirdly you have a statute of limitations issue both civilly and criminally, although an argument could be made that a reasonable person would not have known about the forgery, thus tolling the statute.
If you were my client, I would suggest that you first discuss the matter with her, and suggest that she correct this wrong. (DO NOT threaten criminal action, however, as that is illegal).
If that fails, pay a lawyer to research the possiblity of recovery against her and more importantly, the funeral home.
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