Legal Question in Wills and Trusts in Kentucky
What is statue of limitations for protesting a will + filling claims + protestin
My ex-husband wrote his own will. In his will, he bequeathed items to people. On a separate page marked 'wishes' he gave a major(leased)item to our son, age16. We were told that the wishes are not included with the will. Bequeath was not used on the wishes page. So our son gets very little.
How long do we have to protest the will? Is it 6 months from when it was probated? Or 1 year?
Also, we billed the estate and everything was denied. The lawyer that denied the claims admitted that we had several valid claims. But all were denied. What is the statue of limitations on billing an estate? What do you do when bills are denied? Is there a time limitation to protesting the denial?
Why would an attorney representing the estate deny valid claims.
Where in the law, do you find this information?
Thank You
1 Answer from Attorneys
Re: What is statue of limitations for protesting a will + filling claims + prote
Without seeing the will or knowing just exactly what the "wishes" page looked like or the basis for the claim, I would not be able to give you an answer. Generally, these things are covered in KRS Chapter 387 to 397 and can be viewed at www.lrc.state.ky.us. Generally, you have two years from the date the will was probated to contest it in Circuit Court however, unless the action is filed within 12 months of probate, distributions under the will can go forward. This is not a "do-it-yourself" situation. Consult an attorney for no other reason than to get advice from someone who can review the wording in the documents and can relate the appropriate law to them. Attorneys specialize in probate law. It is a large area of law. I suspect that the attorney denied the claim upon instructions from the Executor and yes, this can be done. The claim may be valid in your eyes but legally cannot be enforced. Another thing, you do not have to leave your children anything in the will.
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