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Roger
Roger, Attorney
Category: Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My father died in 1997 and I was never notified, my father

Customer Question

My father died in 1997 and I was never notified, my father told me if he should die everything he had goes my sister and myself, my cousin from what I can tell went in there when he was ill and had him sign a will, that left everything to her then 9 year old son. I know my daddy wouldn't do that, I have ask for a copy of said will, and they just ignore me. I live in calf. And he lived in Virginia, I truely believe that a crime has been committed, what can I do
Submitted: 1 year ago.
Category: Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 1 year ago.

When did you first find out that your father had passed away?

Customer: replied 1 year ago.
I found out about 6 months ago, and I live on a fixed income so I can't afford a lawyer but there has to be something I can do I have ask them for a copy of this so called will snd I just get ignored
Expert:  Roger replied 1 year ago.

Thanks. The problem you have is that your father died almost 20 years ago......and the statute of limitations to take any action, to contest the will, etc. have all likely expired. So, any attempt to take action would be time-barred.

Expert:  Roger replied 1 year ago.

For example, VA law provides that a will contest must be filed within 1 year of the will being filed for probate. Here's a good lin you can read: http://info.legalzoom.com/long-someone-contest-virginia-4696.html

Expert:  Roger replied 1 year ago.

Thus, it is likely too late to take action because of the time that has passed.

Customer: replied 1 year ago.
But I was never notified at all and this is crazy , if I was never notified there has to be something I can do about this
Customer: replied 1 year ago.
Hello
Customer: replied 1 year ago.
But I was never notified of his death there has to be something I can do
Expert:  Roger replied 1 year ago.

Hi - I'm sorry, but I went offline last night......

I understand that, and you can certainly claim that you didn't know, ask the judge to toll the statute of limitations and see if you can proceed. However, it is going to be very difficult to explain that 20 years have passed before you found out he was deceased. I'm no saying it's impossible.....but it will be difficult.

Customer: replied 1 year ago.
what kind of paper work do I file and who do I send it to,
Expert:  Roger replied 1 year ago.

You would have to file a lawsuit to contest the will and sue the executor/trix and any other heirs/beneficiaries.

Expert:  Roger replied 1 year ago.

Hi - I was checking in to see if you need anything further. IF so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!