Legal Question in Wills and Trusts in New York
claiming will inheritance years later
My grandfather's sister died some 10+ years ago in NY and left a will. I have learned just now that at the time of death my grandfather and his daughter (my aunt) were named in the will and were invited to the reading of the will. However, because of the threats from other relatives named in the will, they did not go. My aunt was a new immigrant, my grandfather lived in Israel and did not know the laws. The estate was subsequently divided up among other relatives named in the will. My aunt recently learned that her and grandfather's shares involved millions of dollars. Can she and my grandfather challenge the settlement and claim their share from the will? Is there a time limit?
3 Answers from Attorneys
Re: claiming will inheritance years later
They may possibly have a claim. I would need to do further investigation in order to make this determination. Feel free to call my office for a free consultation on this matter.
Re: claiming will inheritance years later
I generally agree with Rudolf, that there may be time limitations problems. However, if you can prove that fraud was was perpetrated on the Court, you may be able to have the case reopened. I also suggest you get a qualified NY estate attorney to review the matter. This response is not intended to be legal advice or create an attorney-client relationship.
Re: claiming will inheritance years later
The simple answer is that if your grandfather and aunt were named in the Will as beneficiaries they would be entitled to their lawful shares. However, there are a number of factors which may defeat their ability to collect at this time. For instance, if there were a judicial accounting filed which stated a reason why their shares should not be paid and your grandfather and aunt failed to contest the accounting they may not be able to make a claim at this point. Also, there may be a limitation issue. Nevertheless, it would not hurt to retain an attorney in New York to investigate the case to see whether they have a viable claim. I am an experienced estate lawyer and would be able to help you if you so desire.
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