If you administer an estate, what is the statute of limitations for someone to claim you did not give them what was “rightfully” theirs?

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If you administer an estate, what is the statute of limitations for someone to claim you did not give them what was “rightfully” theirs?

Once all accounts had been settled the remaining estate (“monies”) was divided evenly amongst the living spouse and children (per Will). The estate has been “settled” in the courts. All parties have signed a letter stating estate waives the filing of a final settlement and the notice thereof as evidenced by receipt and waiver signed and “that he be discharged as administrator and be relieved of any and all further liabilities and duties as such”. If someone may decide they did not get all they thought they should and come back for more, how long I should keep all of the documents?

Asked on July 6, 2011 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so no one has objected to the distribution and everyone has signed the paper with the infomation on it that you have written here, correct?  I think that you should keep a copy of all the documents for at  least a few years just for your own sake but I would make sure that everything - every single document that you have - is filed in the court's under the official number given when you filed the Petition. Once they are filed they become part of the court record they are stored in an "official" place for all time.  So then you do not really have to worry that you can not find them should you need them later on. If everyone has signed the paperwork then unless they claim that they signed it under duress or some other such claim I think you are fine. Good luck to you. 


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