Estate Law Questions? Ask an Estate Lawyer.
Hi - my name is ***** ***** I'll be glad to assist.
When did you first find out that your father had passed away?
Thanks. The problem you have is that your father died almost 20 years ago......and the statute of limitations to take any action, to contest the will, etc. have all likely expired. So, any attempt to take action would be time-barred.
For example, VA law provides that a will contest must be filed within 1 year of the will being filed for probate. Here's a good lin you can read: http://info.legalzoom.com/long-someone-contest-virginia-4696.html
Thus, it is likely too late to take action because of the time that has passed.
Hi - I'm sorry, but I went offline last night......
I understand that, and you can certainly claim that you didn't know, ask the judge to toll the statute of limitations and see if you can proceed. However, it is going to be very difficult to explain that 20 years have passed before you found out he was deceased. I'm no saying it's impossible.....but it will be difficult.
You would have to file a lawsuit to contest the will and sue the executor/trix and any other heirs/beneficiaries.
Hi - I was checking in to see if you need anything further. IF so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!