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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33933
Experience:  Estate Law Expert
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My father just passed away and I expect his will to be filed

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My father just passed away and I expect his will to be filed immediately in the State of Delaware. I believe that some of his heirs exerted undue influence on him, which resulted in one of his children the three of his grandchildren to become disinherited. Is there a statute of limitations for a claim against the estate to be filed? He was quite wealthy, and I believe his estate my be worth approximately $18 million.
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Are you asking if there is a statute of limitations to file claiming that there was undue influence?
Customer: replied 4 years ago.


It's not exactly a statute of limitations but it would have to be filed within a certain period of time following the filing for probate. The exact period of time would depend on whether a person gets notice, what relation they are, when they learned of the incident, etc. Ideally, the person who was going to claim undue influence would file to challenge the will before the Answer date for the heirs, which is usually 20-30 days after service of the Application for Probate.

If the will is not filed for probate then the statute of limitations would be two years, but there is some question as to whether it would be from the date the undue influence was asserted, the date the person learned of it, and the date of death.
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