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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118658
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Do u know what the statute of limitations is to contest a will?

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Do u know what the statute of limitations is to contest a will? And do you know how we can check to see how far along the will is in the probate process? I have a lady who is convinced her father left her property but her step mom didn't give her anything. It's really hard to contest a will but the father has a ton of unclaimed funds in nys
thank you for your question and for asking for me. I look forward to working with you again to provide you information you are seeking for educational purposes only.

NY has no specific statute of limitations for a will contest, so she has 6 years from the date her claim arose to file a claim. One issue is that once probate is closed the surrogate courts are very reluctant absent fraud to change a probate. So she needs to file before probate is closed if she wants a realistic chance.

You can check in the surrogate court where the probate is filed and you can find the will in the file and see what is going on with the probate process. Anything not covered by will though your client could be entitled to if he does not have a pour over or catchall term in the will for all property not specifically mentioned in the will.

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