If my mother’s estate closed 2 months ago but now a beneficiary of the Will is saying they didn’t read it yet signed the final release, can they sue?

The estate went through probate.

Asked on September 25, 2012 under Estate Planning, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The legal recourse of the beneficiary under the closed estate that you have written about is for him or her to file a petition with the probate court to set aside the final distribution of the estate despite the fact that this person signed the final release as to the estate. From what you have written, the chances of this person being successful in his or her request does not sound too likely.

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