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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29012
Experience:  30 years experience in the practice of estate law.
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Is there a statue of limitations on a will, In the state of

Customer Question

Is there a statue of limitations on a will
JA: Estate laws vary by state. What state are you in?
Customer: In the state of Hawaii
JA: What documents or supporting evidence do you have?
Customer: My grandma will her estate to me and my two sisters the claus was we could not sell the two house until my mom died. my mom died years ago each of my sisters have a housein Manoa next door to each they are worth about 1,000,000.00 each so if you divide 2,000.000.00 in to 3 that's $666,666,67. ten years age they gave me500,000.00 with 50,000.00 to be paid by last nmonth. which I have not gotten so realistically i
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm short 116,000.00.. Do they have the right to keep that from me. just because they wont sell the house they are in. the main question I have who has the right to change the direction in my grandmas will
Submitted: 27 days ago.
Category: Estate Law
Expert:  Loren replied 27 days ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Was the property titled to you when it sold? Have you made a demand on your sisters for the money?

Customer: replied 27 days ago.
The property did sell they each own a house and the land its on. 10 years ago I received 500,000.00stating that's all we can afford take it or leave it. with the promise of 50,000.00 10years later which was last month October 2016. haven't gotten it yet.The will doesn't say who gets what it stated we have the option to sell when me mom dies. she has passed but they aren't planning to sell anything, there for I believe should get a 3rd of the total including the two hoses goes for.
Expert:  Loren replied 27 days ago.

How was the $500k figure arrived at? Did you sign anything agreeing to accept that? Was that money from the estate?

Customer: replied 27 days ago.
Just please answer me this, do they have the right to have me sign a form that I wont ask for more money, even though they did not honor the wills request. Because I wasn't given a 3rd as requested in the will. but they had me sign a for saying I won't ask for more. Is that legal.
Customer: replied 27 days ago.
I did sign aform not realizing what I signed. How is it legal to not do what was requested in the will
Customer: replied 27 days ago.
They basicly said that's all we can afford take it or leave it.
Expert:  Loren replied 27 days ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 27 days ago.
Ok so whats my verdic
Expert:  Loren replied 27 days ago.

Unfortunately, the statute of limitations for a breach of fiduciary duty claim based upon the failure to carry out the wishes in the will is 6 yrs. So if it has been 10 yrs since the money was disbursed then the statute of limitations has expired and it is too late to pursue the claim.

Expert:  Loren replied 27 days ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 27 days ago.
that's in all states
Expert:  Loren replied 27 days ago.

In Hawaii, as your question indicates.

Customer: replied 27 days ago.
there is absolutely nothing I can do
Expert:  Loren replied 27 days ago.

Well. it is an affirmative defense. So, you can file your claim and see if they raise the SOL as a defense. If they do not then the claim will proceed.

Customer: replied 27 days ago.
Am I intitle to interest on the portion that's to come but is late
Expert:  Loren replied 27 days ago.

If you have something in writing stating it would be paid with interest, yes.

Customer: replied 27 days ago.
if they knowing short you isn't that a crime of some sort by the executor of the estate. Also what does the executor get paid
Expert:  Loren replied 27 days ago.

Yes, it was a valid claim for 6 yrs. It is still a valid claim, but after 6 yrs the executor has a defense to assert.

It is not a crime if you signed off agreeing to the alternate arrangement. The prosecutor's office will not likely move forward an this as a criminal prosecution.

Customer: replied 27 days ago.
who has the right to write up that letter can just anyone do that
Expert:  Loren replied 27 days ago.

To write what letter?

Expert:  Loren replied 27 days ago.

Are you still online with me?

Expert:  Loren replied 27 days ago.

Did you have further questions? Have I answered your question?

Customer: replied 27 days ago.
the note stating I wont ask for more money
Expert:  Loren replied 27 days ago.

I see. You can write it. Though it may have more impact coming from your attorney on his or her letteread.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

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