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.
A will must be filed for probate within 20 years of the date of the person's death. However, that time can be waived by the judge so, realistically, there is no time limit.
If the home were owned as joint tenants with right of survivorship then it would go to the other owner upon death. However, there is a also a joint tenancy where it does not pass to the co-owner.
If someone else is claiming there is a will then they must offer that will to probate and have the court determine whether or not it is valid. In addition, if a probate was already done and the other person had notice of the probate and didn't raise the issue of another will they likely have waived the right to raise the issue, although that would be a determination that the court had to make.
The aunt's daughter has to go to court to get any relief at all. It's not something she is just automatically entitled to.
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Also, if the daughter wanted to contest the probate they have a limited amount of time to do so.
The statute on that issue states:
2107.76 Will contest action - time limits.No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code. No other person may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the initial filing of a certificate described in division (A)(3) of section 2107.19 of the Revised Code. A person under any legal disability nevertheless may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will within three months after the disability is removed, but the rights saved shall not affect the rights of a purchaser, lessee, or encumbrancer for value in good faith and shall not impose any liability upon a fiduciary who has acted in good faith, or upon a person delivering or transferring property to any other person under authority of a will, whether or not the purchaser, lessee, encumbrancer, fiduciary, or other person had actual or constructive notice of the legal disability.
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