Legal Question in Wills and Trusts in Kentucky
Time Limit in Kentucky to contest a Will
My Mother lived in Kentucky for 30 years, her Will was done in Indiana, she died in June of 2000, the executor is not following her Will, it was probated in Kentucky, is their a time limit in Kentucky after the estate and probate is closed to still contest the Will? I know in Indiana it is 6 months after her death, would the State of Kentucky follow the Indiana Will or would they go by Kentucky law?
Thank You,
--name removed--
2 Answers from Attorneys
Re: Time Limit in Kentucky to contest a Will
The law of the state of residence at death is followed; however when a will was executed in another state, the residence state will determine the validity of the execution of the will with reference to the validity of execution in the state of execution. You should consult an attorney who practices probate law in Kentucky for determination of how long after the probate process is commenced to contest a will and when during probate "interested persons" have the right to object to the executor's conduct.
Re: Time Limit in Kentucky to contest a Will
Kentucky law controls the probate process; Indiana law controls whether the will was validly executed. Kentucky law will determine how long one has to contest a will or object to the manner or probate and activities of the executor.
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