The Brief
- While Carol Lynn Smith lay unclaimed in a morgue, Phyllip Herrera allegedly used false probate documents and a fake heir to seize her Friendswood home and trick Wells Fargo into issuing a $61,290 cashier’s check.
- Legal expert Chris Tritico notes that the fraud was facilitated by big banks’ reliance on automated computer scanning over human verification, as well as the ease of forging digital documents through online notary platforms.
- Under the new Texas Senate Bill 1734, victims of property fraud can now use a simplified 30-to-45-day court process to reclaim stolen titles, bypassing years of traditional litigation.
FRIENDSWOOD, Texas – While Carol Lynn Smith lay unclaimed in a Harris County morgue, a sophisticated scheme was allegedly underway, according to court documents obtained by FOX 26 Wednesday.
Hefty theft allegations
Investigators state 29-year-old Phyllip Herrera used forged judicial signatures, a false notary, and a defunct county clerk’s seal to seize control of Smith’s estate—including her home, her vehicle, and more than $60,000 in cash. He was arrested by a Harris County Precinct 1 Constable in January.
Phyllip Edward Herrera booking photo from January 2026. Investigators say he used forged judicial signatures, a false notary, and a defunct county clerk’s seal to seize control of a dead woman’s estate—including her home, her vehicle, and more than $
The investigation, led by the Harris County District Attorney’s Office, began after red flags were raised regarding the estate of Carol Smith and her mother, Marlene Smith. Marlene passed away in September 2023 and left Carol Smith her property years before her death; Carol followed exactly one year later in September 2024. No immediate heirs were initially present.
According to a search warrant affidavit, Herrera presented probate documents “riddled with errors” to Wells Fargo, claiming to be the lawful heir. Despite the documents bearing the name of a County Clerk who had not been in office since 2019 and a forged judge’s signature, documents read the bank issued Herrera a cashier’s check for $61,290.48.
Family member reacts
“It’s very upsetting that there are people who prey on dead people,” said Dale Ray East, 73, Carol Smith’s half-brother. East, who was only recently tracked down by investigators, said the ordeal has been a nightmare.…