Contest will

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption