Estate Law Questions? Ask an Estate Lawyer.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Is there a statute of limitations to fight this?
You would need to file to open a probate on the estate of the deceased. There is not a statute of limitations on opening a probate of an estate without a will.
Everything your mother in law owner at the time of her death immediately became the property of "her estate" and would be subject to division by the court. While the way to prove this varies tremendously from case to case usually it is done by the deed work on the real estate or by the paperwork showing the contents of the bank accounts at the time of her death.
You will want to hire an attorney to assist you because probate law is complicated and often makes no sense due to the fact that it is based on archaic laws.