What is the time limitation to find out whether or not your father’s estate was handled properly?

UPDATED: Aug 21, 2011

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What is the time limitation to find out whether or not your father’s estate was handled properly?

My dad died 14 years ago. My sister handled the estate. She got a “gift” of stocks anda promissary note on the day he died. 5-6 years later she sent a box of papers from my dad’s estate and basically said I’m through with these and you can throw them out. We carried these around for several years through moves. Finally, I went through these. I found out that my father did have a Will, although my sister claimed he did not. I also found several deeds that were not accounted for during the final report I received. What are my rights? My sister says she hired a lawyer and it is their fault.

Asked on August 21, 2011 Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states the statute of limitations for fraud is three years from the wrongful act, however there is the rule of delayed discovery for fraud where the time period for the statute begins running from the discovery or when the person should have known that they had been damaged.

Most states have two year statutes for professional negligence as to claims against an attorney.

In your situation, if you found a will that was not probated and you received this with other documents from your sister who handled your father's estate, and this will was not probated, you should consult with an attorney who has experience with wills and trust administration.

Good luck.

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.

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