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My name is ***** ***** redman
, my mother pasted away…

Customer Question
Hi my name is...

Hi my name is ***** ***** redman

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

My mother pasted away leaving my brother and my self her property

Lawyer's Assistant: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?

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Submitted: 2 years ago.Category: Estate Law
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Customer reply replied 2 years ago
my mother past away last year leaving my brother and my self as heirs to her estate....... to complicate things my brother past away in 2009........ do I have to go to probate if their was a will
Customer reply replied 2 years ago
what is the statue of limitations on contesting a will
Answered in 1 hour by:
1/20/2016
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,882
Experience: Since 1983
Verified

Thank you for your question.

In which State did your mother reside?

She left a Will, right?

Did your brother leave any descendants?

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Customer reply replied 2 years ago
new York state
yes to the will
yes to 3 children
Estate Lawyer: N Cal Attorney, Attorney replied 2 years ago

Sorry for the delay.

There is no time limit to probate a will in NY.

The will does have to be probated if the mother's estate was worth over $30,000.

You will be entitled to 1/2 the estate, and your brother's children will each take 1/6 of the estate under the NY anti-lapse statute, see

http://law.justia.com/codes/new-york/2006/estates-powers-trusts/ept03-3.3_3-3.3.html

The time to contest a will does not start to run until the will s filed for probate.

Please let me know if I have not answered your questions prior to rating my answer.

I hope this information is helpful.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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