Legal Question in Wills and Trusts in Nevada
Statute of limitations
Is there a statute of limitations on the challenging of a will, especially if another, more recent, will has been discovered? If children from a prior marriage have discovered another will, can the estate go into probate, even though the remaining assets have gone to the surviving spouse? Is there a statute of limitations on that also?
2 Answers from Attorneys
Statute of limitations - Will
Just to point you in the right direction - when a Will is put into probate, there is a period of time to "contest" the Will. If the "last will" is not found during that time or the Will presented for probate is not contested, then probate is concluded. It is not a called a statute of limitations because it does not apply in the same way in which "statute of limitations" run, but the effect is the same. Off the top of my head, I can't tell you what the time frame is, but it is in the Nevada Statutes Paul referred to and you can look it up.
Hope this helps.
Re: Statute of limitations
Good afternoon, Sir or Madam:
The Nevada Legislature has developed a great basic research site covering
all of the statutes and administrative regulations, including references to
Nevada Supreme Court decisions related thereto, available at:
http://www.leg.state.nv.us
You may want to look into the chapters on Wills on this
site. In this regard, I invite your attention to NRS Chapter 133, which is
found at:
http://www.leg.state.nv.us/NRS/CH_133.html
There may be other laws affecting your ability to resolve a decedent's estate problem,
which is necessarily beyond the scope of this reply.
I charge $200.00 per hour for consultation, document review, case analysis,
advice, suggesting and recommending alternatives, legal drafting, telephone
calls, legal research and prosecuting or defending will contests when a client hires me.
If I do not hear back from you by Friday, March 24, 2000, I will assume that you
have answered your questions to your own satisfaction, hired another lawyer,
or decided against pursuing the matter.
I hope this is of assistance to you.
Paul J. Malikowski, Esq. Malikowski Law Offices, Ltd.
333 Flint Street Reno, Nevada 89501
Post Office Box 9030 USA fax and voicemail: (800) 331-9501
Reno, Nevada 89507-9030 Reno voice: (775) 786-0758
California & Nevada - 1979 Reno fax: (888) 201-0046
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