Legal Question in Wills and Trusts in New York

Statue Of Limitation

I would like to know the Statue of Limitation to protest a will in NY State.

My aunt died and my sister distributed the money that was in a Joint Account between her and my aunt. She did it as my Aunt wished. The will stated that those monies did not have to be divided but my sister did so per my aunts wishes.This money contained the sale from my aunts house before she died. It was sold because she entered an Assisted living residence.

The stocks are to be divided 6 ways as stated in the will.My cousin a lawyer called my sisters lawyer and said he was going to contest it because in the orginal will his mother was the only living survivor which was exactly why my aunt drew a new will.She did not want her sister to have it all because she felt her other sisters and brothers children should get it.

My Question is how long does he have to contest it? He said he was going to this week but nothing has been filed. My Aunts attorney said he was very nasty when he called and said this. I feel he has no case but just wants to upset the rest of the family.


Asked on 6/04/04, 7:21 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Statue Of Limitation

There is usually a limited time to contest, not more than 120 days from the original probate. On the up side, if there is a contest, it would seem to be in favor of the new Will that was probated. I say this because of the facts you presented. Where a person has no children, only siblings (which seems to be your aunt's situation), it is not unusual to provide for deceased sibling's children to take the share of the deceased sibling. Thus, each sibling's family (now nieces and nephews) would take the parent's share (had the parent lived) and the aunt's estate would be equally divided amoung her family, not just benefit the sole surviving sibling who was fortuitous to survive the other siblings. Unless there was some arrangement between the siblings, or some unique situation, the new Will follows traditional estate planning. I believe you would win the contest, and if your attorney needs some expert's opinion, I would be glad to assist you.

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Answered on 6/05/04, 12:55 pm


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