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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16054
Experience:  Licensed Texas General Practice Attorney
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Is there a statute of limitations on wills? In other words

Customer Question

Is there a statute of limitations on wills? In other words if an individual passed away years ago (in state nursing home) & we were told she did not have a will so NYS took all her money. She said often I only have one son so no one else can have anything of mine. Pls adv & tks
JA: Estate laws vary by state. What state are you in?
Customer: Now in GA but at the time we were NYS residents & she passed away in NY. Also we were unable to even get the $250 burial expense from SS as they then said "only spouses & changed it back the following year to heirs
JA: What documents or supporting evidence do you have?
Customer: I found a legal will in her old citizenship papers.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing thanks
Submitted: 1 month ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me when she passed?

Expert:  ScottyMacEsq replied 1 month ago.

Are you there?

Customer: replied 1 month ago.
3/22/1990
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Customer: replied 1 month ago.
She passed away March 22, 1990
Expert:  ScottyMacEsq replied 1 month ago.

Technically, no, there's no statute of limitations on wills or other administration of estates. So if there are still assets in her name then those could be administered. The problem is with claims that the estate has against other individuals or the government. Claims against individuals and companies are between 2-6 years statute of limitations. So if the estate had any claim against anyone, it would have passed at latest in 1996. But any claims against the government for wrongfully taking property is much shorter (which makes sense if you think about it: after all, the government makes the law). You have to present a claim to the government with 1 year and 6 months of the government taking the items that don't actually belong to them. Assuming that the government took the property from the estate more than 1 year 6 months ago, it would be too late to bring a claim against them. Again, it's NOT too late to open an estate, but an "estate" is simply a "carrier" where you can have other legal claims that can be adjudicated, and THOSE have statutes of limitation on them. So only if there were still property in the estate could you handle those claims. Otherwise, the claims would have passed the statutes of limitation long ago.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Customer: replied 1 month ago.
test
Expert:  ScottyMacEsq replied 1 month ago.

Test?

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 month ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 1 month ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 month ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (OVER 1 HOUR) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 month ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 month ago.

If there's nothing else, please rate this answer.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.