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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9083
Experience:  Since 1983
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My name is ***** ***** redman
, my mother pasted away

Customer Question

Customer: hi my name is ***** ***** redman
JA: Thanks. Can you give me any more details about your issue?
Customer: my mother pasted away leaving my brother and my self her property
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Submitted: 10 months ago.
Category: Estate Law
Customer: replied 10 months ago.
my mother past away last year leaving my brother and my self as heirs to her estate....... to complicate things my brother past away in 2009........ do I have to go to probate if their was a will
Customer: replied 10 months ago.
what is the statue of limitations on contesting a will
Expert:  N Cal Attorney replied 10 months ago.

Thank you for your question.

In which State did your mother reside?

She left a Will, right?

Did your brother leave any descendants?

Customer: replied 10 months ago.
new York state
yes to the will
yes to 3 children
Expert:  N Cal Attorney replied 10 months ago.

Sorry for the delay.

There is no time limit to probate a will in NY.

The will does have to be probated if the mother's estate was worth over $30,000.

You will be entitled to 1/2 the estate, and your brother's children will each take 1/6 of the estate under the NY anti-lapse statute, see

http://law.justia.com/codes/new-york/2006/estates-powers-trusts/ept03-3.3_3-3.3.html

The time to contest a will does not start to run until the will s filed for probate.

Please let me know if I have not answered your questions prior to rating my answer.

I hope this information is helpful.