Legal Question in Wills and Trusts in New York

My husband died intestate in July of 2003. He had as heirs myself as his spouse and two children. I was the executrix of the estate. However, now, more than seven years after his death, one of those two children is suing me claiming that I did not properly distribute the Estate's assets.

What I would like to know is: Is there a statute of limitations to bring an action in New York for an intestate estate? I mean, it has been over seven years since my husband died. Both of his children attended the funeral so there is no doubt that they knew he had died. Thus isn't the claim time barred by law? Could someone please point me in the right direction to the statute that governs this limitation and type of action?


Asked on 10/08/10, 2:56 pm

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Yes there is a statue of limitations period, however you need to have "started the clock" with respect to the statute of limitations period by making certain filings with the court. Your lawyer would have done this. Your answer is to be found in the Estates Planning and Trusts Law (EPTL) and the Surrogate's Court Procedures Act (SCPA). Many factors can put the statute of limitations "on hold" as well. Bottom line is if the children have already brought an action in the Surrogate's Court ("suing you"), you have to get a lawyer anyway, and she will answer your question. I may take your case if you bring all the paperwork to my office so I can see what you did and if the child has any grounds, regardless of whether the statute of limitations has expired. You'll have to pay though; no free consultation here. But I'm very reasonably priced.

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Answered on 10/13/10, 9:20 pm


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