I have a feeling that my sibling will attempt to sue the estate or me personally even after the estate is closed. How long does one have until they can no longer hold the estate or Personal Representative personally responsible for something? Is there a provision to add to the Estate Closing papers that could protect me from future lawsuits from crazy siblings?
Usually, if a beneficiary or creditor of the estate does not contest within the proper time frame (ie. when the estate is open and upon reciept of notice) then they are barred from bringing a claim or contesting the probate. Nevada statutes provide that an estate may be reopened if new property is discovered or for correcting errors in the titling of property in the original probate. It is also possible to reopen the estate if fraud was committed in the original probate (like hiding a valid will or something of that nature). In the absence of these events it will be difficult for your sibling to bring suit after the probate has been closed.
Best of luck to you.
Sometimes and in some states, estates are settled by a family settlement agreement if all members of the family are comfortable with this lack of formality. In your case, you must do the formal accounting and get the court to approve the filing of the accounting. This will protect you in most cases, except the extraordinary ones mentioned by the prior attorney.
So for you if you have done everything carefully, you can rest easy once the estate adjudicated is rendered on the estate accounting and closing of the estate.
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Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties and services clients throughout the state of Pennsylvania. He can be reached at 215-735-2336 or at the email address listed below. He is rated as an AV Preminent attorney from Lexis-Nexis Martindale Hubbell having the received the highest possble rating in legal ability and ethical standards. In addition, he has received a 10.0 rating from AVVO and recently was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123.
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