Can a will be challenged after 6 years?

About 6 years or so ago, my sister passed suddenly from heart failure or so I was told. My brother presented a holographic Will giving everything to himself, including her half of a valuable farming property. My sister was never married and had no children, our parents are deceased, there is only my brother and myself. At the time I didn’t think it was in her handwriting but didn’t know that a holographic Will had to be, also it wasn’t even witnessed. If I took it to handwriting experts and proved it wasn’t her hand, could I ask the court to throw it out? I know you only have 120 days to challenge in probate court but I have found you can challenge a fraudulent document at any time, according to my research.

Asked on January 11, 2017 under Estate Planning, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you cannot challenge a fraudulent document at any time; the statute of limitations (time within whcih to institute a legal proceeding) for fraud in your state is five years, so the most time you would have to bring a legal challenge based on fraud would have been 5 years after your sister passed and you became aware of the will andd its terms.


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