Liechty v. Hall

Appellant, Dona Liechty, seeks review of an order dismissing with prejudice her “Verified Petition for Revocation of Probate” and “Petition for Subsequent Administration.” Relief was sought in these filings based on the allegation that the will admitted to probate was a forgery. We agree with appellant that the petitions should not have been dismissed without leave to amend. The relief sought was not absolutely barred by virtue of the discharge of the personal representative because fraud is recognized as a justification for reopening an estate, even after an order of discharge has been…