How long do you have after a loved ones death to contest what the executor of the will is doing?

My grandmother and mother both passed away April 10th 2009. My grandmother left my aunt her executor. Her will states "no per stirpes" however, my mother passed hours after my grandmother that day, thus leaving her a living heir at the time of my grandmothers death . My aunt disputes this fact and says there's no inheritance for my mother because she has passed. I'm fearful that she has spent whatever inheritance was left and I'm not sure if there's a staue of limitations to dispute what she's done. Im not contesting the will itself, its already gone through probate. I just want to know what my options are at this point.

Suwanee, GA -

Attorney Answers (2)

Glen Edward Ashman

Glen Edward Ashman

Wills and Living Wills Lawyer - East Point, GA
Answered

You asked this same question twice. You have already risked losing by delaying this long. I urge you to get offline, get on the phone, and make a lawyer's appointment today.

Peter M. Frasca

Peter M. Frasca

Estate Planning Attorney - Auburndale, MA
Answered

Check the time of death on your mother's death cert to see if she indeed survived your grandmother. Also, have qualified counsel review the will as many wills have boilerplate language requiring that a beneficiary survive a particular amount of time (e.g. 30 days) in order to take under the will. Next, assuming your mother was indeed entitled to take under the will, an estate will need to be set up for her and a fiduciary appointed who will then have authority to bring an action regarding grandmother's estate. The first step would be to compel an inventory and accounting, and next an action to remove the executor if wrongdoing is found.

I would suggest you contact legal counsel in GA to discuss your case further.

Peter Frasca practices law in Massachusetts and provides general answers on avvo for educational purposes only and... more

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