My question involves court procedures for the state of: Texas
In 1989 a probate case was settled, and there were four parties who should have received equal shares of the disbursement of assett, which totaled about $110,000. The four people were two couples. Only one couple received assets. They verbally told the other couple that no funds were forthcoming from the estate, and the other couple took them at their word without demanding any proof or documentation. The first couple got all the money.
Now, almost 20 years later it has just been revealed and discovered that the second couple did not get any of the assets they were entitled to. Both the husband and wife are dead. Do the heirs to their estate have any recourse to recover the monies their parents were entitled to receive in 1989? There is proof ready to hand that both couples were entitled to equal shares in the estate. There is no proof that the second couple did not receive any of the money: you can't prove a negative?
Surely the court will have records of the checks issued for asset disbursement, and who they were issued to. There should be some way to obtain copies of the deposited checks, indicating what bank account they were deposited to, and then who owned that account. The couple who received the money used all of the money to build a brand new house. Their tax records might very well come into play as proof that they did not share the assets as they should have.
But, before getting into all the proving up of where the assets went, is it even feasible to file a lawsuit on something this old? I know the normal statue of limitation on filing a civil suit is two years. But I'm also under the impression that the 2 year statue of limitations clock begins ticking when the damaged party becomes aware of the harm, not necessarily when the harm took place.
Any input on this would be very helpful.