Contest will

UPDATED: May 20, 2018

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Contest will

Can a sibling contest a Will 4 years after probate and disbursement? It would be on the grounds of the father not being of sound mind when the Will was written with no new evidence and being young at the time of signing the waiver. She was 20 years old at the time of signing. Is there a statute of limitations for this?

Asked on May 20, 2018 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If probate has been concluded and the estate distributed, it would be too late to challenge the will: challenges ares supposed to be brought during the probate process (that is part of what the probate process is intended to accomplish: to provide a forum for challenges). After probate, the estate no longer exists--there is nothing to file the challenge against.

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