My mother was the beneficiary of a will but was denied what she was owed. I am now the executor of her estate. Can I sue?

Asked over 1 year ago - Falls Church, VA

My mother has recently died . The will in question was her fathers , who passed away in the early 60s . Is there a time limit for beneficiaries to receive what they are owed from a will ?

Attorney answers (4)

  1. Victoria Lee Allen

    Contributor Level 14

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    Answered . Though this happened long ago, there are many things that may have happened that cannot be guessed based upon the limited information that you provided.

    First, there may not have been enough in the estate to satisfy the bequests in a will. Second, if your mother was a minor at the time, bequests to her would have been under the control of her mother or guardian or a named trustee. Third, the will may not have been probated at all. Fourth, if there was property involved, you may find that she is listed as owner based upon a list of heirs filed with the Court or the will being probated upon her father's death.

    There are a lot of potential issues and some possible ways to at least investigate to see what may have happened and if the estate has assets which you have a duty to inquire about in your current role as executor of her estate.

    Please note that this response is based upon the limited information available in the question. In addition, it... more
  2. Sean Patrick Lewis

    Contributor Level 17

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    Answered . If I understand correctly, you are asking if you can sue someone today for actions taken or not taken 50 years ago.

    I'm thinking that you need to let this go, remember your mom fondly, and settle her estate.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Answered . The time has past for a claim.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. James P. Frederick

    Contributor Level 20

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    Answered . There is not necessarily a time limit to receive what you are owed under a Will. There is, however, a time limit to contest this, if you do not receive it. Probate statutes of limitations are generally much shorter than other statutes. A quick search on the internet suggests that the applicable statute in Virginia is either 6 months or 1 year. I agree with my colleagues that this is something you are not going to be able to pursue.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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