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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9214
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: 1 year ago.
Category: Estate Law
Customer: replied 1 year 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 1 year ago.
what is the statue of limitations on contesting a will
Expert:  N Cal Attorney replied 1 year 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 1 year ago.
new York state
yes to the will
yes to 3 children
Expert:  N Cal Attorney replied 1 year 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.

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