Can i contest a will after the statute of limitations has expired??

Asked over 2 years ago - Washington, DC

My grandfather passed away many years ago, when my father was a minor child. After his death, my father lived in the home that my grandfather paid for but was later asked to move out by my grandfather's eldest child who was significantly older than my father. My uncle later sold the home, and since my grandfather's death my father has received nothing, though I am certain that his other 2 children did.

My father had often said that the home was meant to be for him. Recently I requested a copy of my late grandfather's will, I haven't yet received it, but in the event that I find that my father's childhood home, or any other assets were meant to be my fathers, or divided among all 3 of the children, is there anything that I can do now? My father has since passed away as well.

Attorney answers (3)

  1. Thomas Edward Rossmeissl

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . It all depends on how much time has passed, what happened to administer the estates of the various affected people, and how assets were titled when people died. Your best bet is to gather as much information as possible, and consult with a probate attorney in your jurisdiction for more specific guidance.

    This general response is not intended to create an attorney-client relationship.
  2. Steven J. Fromm

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Thomas offers sound advice. However, be aware that these type of challenges are tough even when you have no statute of limitation issues. Your evidence needs to be strong compelling and convincing. Get with an estate litigation lawyer to obtain a conclusive opinion as to whether you have a case.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more
  3. Matthew Karr

    Pro

    Contributor Level 8

    Answered . Many states offer rather long statutes of limitations on probating a will. If the will was never probated in the first place then you might have an argument. Indeed, the more information you can collect here the better your position will be.

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