Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

What is a code and parameters under which I could contest a

Customer Question
What is a Virginia code...
What is a Virginia code and parameters under which I could contest a will 2 years after probate? I am the daughter and had a brother who coerced my mother to sign a will disinheriting me and I was unaware as I was out of state.
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 33 minutes by:
7/11/2016
Estate Lawyer: RobertJDFL, Attorney replied 1 year ago
RobertJDFL
RobertJDFL, Attorney
Category: Estate Law
Satisfied Customers: 14,057
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I look forward to assisting you.

The common grounds upon which a will is contested include:

The lack of the decedent's mental capacity at the time the will was made.

The failure to follow the requirements for properly making or executing the will under Virginia law.

Undue influence by a person who held a position of trust and confidence with the decedent, and using this position to unduly influence the decedent regarding the provisions of their will.

The use of duress, or other means to force the decedent to include provisions in their will that they otherwise would not have included.

Where the will is the result of fraud.

It sounds like from what you describe you believe that your family member may have used undue influence or duress to coerce your mother into writing her will -hence that would be the grounds upon which to challenge. A challenge to a will may be brought within one year from when the court enters an Order admitting the will the probate, after which suit would be barred by the statute of limitations, unfortunately. That can be found in the Virginia probate code here.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you!

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Robert I would prefer a Virginia expert unless you have specifically studied Virginia code. Your response was "A challenge to a will may be brought within one year from when the court enters an Order admitting the will the probate, after which suit would be barred by the statute of limitations, unfortunately."
Yet a local attorney friend did give an indication of grounds that could be possible within a 2 YEAR time from the date the will was probated (July 15, 2014) which I would like to confirm formally. I was not notified so I would not have known.
Customer reply replied 1 year ago
Perhaps opt out?
Estate Lawyer: RayAnswers, Attorney replied 1 year ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 43,490
Experience: Texas lawyer for 30 years in Estate law
Verified

Ray a new expert here to try to help you.

Here is Virginia law and the exception you referenced..

In Virginia you can contest a will from six months after the date the will is accepted via court order but before the one year anniversary of the date of the order accepting the will. There is an exception if the contest is based on fraud or undue influence, this statute of limitations is two years from the date of the order. The extension is allowed because the contesting party may not know of the fraud or undue influence immediately. The time tolls from the date that "you knew or reasonably should have known" about the incident and filed a lawsuit.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year ago
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
What code section covers the exception you stated? There is an exception if the contest is based on fraud or undue influence, this statute of limitations is two years from the date of the order. The extension is allowed because the contesting party may not know of the fraud or undue influence immediately. The time tolls from the date that "you knew or reasonably should have known" about the incident and filed a lawsuit.
I may want to talk with you later after I go to the assisted living center where she passed to ask about medical records. I have one foot out the door.
Please will you send the code first? Also how does Virginia define (in this arena) "fraud". Also, "undue influence"?
Estate Lawyer: RayAnswers, Attorney replied 1 year ago

§ 64.2-448. Complaint to impeach or establish a will; limitation of action; venue.

A. A person interested in the probate of the will who has not otherwise been before the court or clerk in a proceeding to probate the will pursuant to § 64.2-444 or in an ex parte proceeding to probate the will pursuant to subsection B of § 64.2-446 may file a complaint to impeach or establish the will within one year from the date of the order entered by the court in exercise of its original jurisdiction or after an appeal of an order entered by the clerk, or, if no appeal from an order entered by the clerk is taken, from the date of the order entered by the clerk.

B. A person interested in the probate of the will who had been proceeded against by an order of publication pursuant to subsection B of § 64.2-449 may file a complaint to impeach or establish the will within two years from the date of the order entered by the court in the exercise of its original jurisdiction, unless he actually appeared as a party or had been personally served with a summons to appear.

C. A person interested in the probate of the will who has not otherwise been before the court and who was a minor at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person reaches the age of maturity or is judicially declared emancipated.

D. A person interested in the probate of the will who has not otherwise been before the court and who was incapacitated at the time of the order pursuant to § 64.2-444 or 64.2-446 may file a complaint to impeach or establish the will within one year after such person is restored to capacity.

E. Upon the filing of a complaint to impeach or establish the will pursuant to this section, the court shall order a trial by jury to ascertain whether what was offered for probate is the will of the testator. The court may require all testamentary papers of the testator be produced and direct the jury to ascertain whether any paper produced is the will of the testator. The court shall decide whether to admit the will to probate.

F. The venue for filing a complaint to impeach or establish the will shall be as specified in subdivision 7 of § 8.01-261.

G. Subject to the provisions of § 8.01-428, a final order determining whether to admit a will to probate bars any subsequent complaint to impeach or establish a will.

Code 1950, §§ 64-80, 64-84 through 64-86; 1968, c. 656, §§ 64.1-84, 64.1-88 through 64.1-90; 1972, c. 825; 1977, c. 624; 1996, c. 58; 2012, c. 614.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year ago

B. A person interested in the probate of the will who had been proceeded against by an order of publication pursuant to subsection B of § 64.2-449 may file a complaint to impeach or establish the will within two years from the date of the order entered by the court in the exercise of its original jurisdiction, unless he actually appeared as a party or had been personally served with a summons to appear.

You could challenge under the 2 year section above claiming fraud or undue influence and you could not have reasonably known during the one year period.

Thanks again.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year ago

Fraud here is civil fraud where a party may not know that there was a will or probate for over a year and the facts that show there was deception or a lack of transparency--the relative may have unduly caused the deceased to alter their will or execute a new one and thus challengeable.

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 1 year ago

Virginia Lawyer Referral Services

Attorney Referral Service

Address: 707 E Main St #1500, Richmond, VA 23219

Phone:(###) ###-####/p>

Hours:

Open today · 8:15AM–4:45PM

Lawyer for you here, thanks again and the best to you.

Ask Your Own Estate Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 43,490
43,490 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

43,490 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

14,057 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
You is the best lawyer in Middle TN to probate a will? Copy
You is the best lawyer in Middle TN to probate a will? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Can an executor of a CA probate claim reimbursement for
Can an executor of a CA probate claim reimbursement for travel expenses against the estate in addition to his statutory compensation?… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,162 satisfied customers
I need a specialist is life insurance proceeds and probate
I need a specialist is life insurance proceeds and probate law … read more
RayAnswers
RayAnswers
Attorney
43,490 satisfied customers
I recieved a letter of intent, to probate and civil action
i recieved a letter of intent, to probate and civil action from my step fathers son, my step father died in 2003 and my mother whom he was married to now has alzhimers. i need to know how to handle th… read more
Expert James
Expert James
Doctoral Degree
11,537 satisfied customers
Fired probate attorney, too many phone conferences with
Fired probate attorney, too many phone conferences with brother friend of bro. Do I need new one to didbuse any _$? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
On a petition to probate a will if addresses and counties
On a petition to probate a will if addresses and counties are incorrect is that Anything to look into?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I need to know if there is a probate lawyer available to me
I need to know if there is a probate lawyer available to me right now? I was removed as Administrator recently in an ugly family battle because my husband died without a will, both parents are decease… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
Probate ended in 1995. In this particular case a will was
Probate ended in 1995. In this particular case a will was held to be a testamentary trust. The Executor of the Estate worth more than 15,000,000.00 today became such by preparing the will for the Test… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
Need a probate attorney that deals with inheritance,
Need a probate attorney that deals with inheritance, probate. Texas … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
43,490 satisfied customers
Second opinion] In Michigan Probate Court, Michigan probate,
For my mothers estate I received the form notifying me that my brother was requesting to be the personal representative. The file number box was blank. When I went to the probate office to challenge this -within the 14 days- the clerk told me there was no file opened under my mother's name so I thought the forms sent to me were premature. But 2weeks later I bet the papers signed by the judge assigning my brother as PR. Is that correct process under the law? … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,052 satisfied customers
In Michigan Probate Court, Michigan probate, For my mothers
For my mothers estate I received the form notifying me that my brother was requesting to be the personal representative. The file number box was blank. When I went to the probate office to challenge this -within the 14 days- the clerk told me there was no file opened under my mother's name so I thought the forms sent to me were premature. But 2weeks later I bet the papers signed by the judge assigning my brother as PR. Is that correct process under the law? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
If an on going Probate hearing in Los Angeles Probate Court
If an on going Probate hearing in Los Angeles Probate Court are going on and there's a contest of the Last Will is pending to be heard by the court, and during this time a Family Trust document is fou… read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
Probate question: Is it possible to transfer the title of a
Probate question: Is it possible to transfer the title of a property into my name BEFORE probate closes? I am the administrator of the estate and the sole heir at law. I am looking into using the equi… read more
RayAnswers
RayAnswers
Attorney
43,490 satisfied customers
A will was presented for probate in Allegheny County in
ok, a will was presented for probate in Allegheny County in 2013. That will was dated 1988. The estate was finalized with a Status Report..no Receipts or Releases and no First and Final Accounting on … read more
RayAnswers
RayAnswers
Attorney
43,490 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x