Legal Question in Wills and Trusts in New York
Statue of Limitations on Last Will and Testament?
My uncle died three yrs. ago - he had no children - he had a will which left most of his assets (a large amount) to my father and one sister-in-law, the only living family. My father was given the only copy of the will since the lawyer claimed he no longer had a copy. My brother did not want my father to give 20% to the sister-in-law so he ripped up the will. I have in my possession (just found) a will my uncle made in 1993. Would this still be valid as I would like to see my uncle's wishes carried out. My dad has since also died.
1 Answer from Attorneys
Re: Statue of Limitations on Last Will and Testament?
Interesting question.
The first issue is whether you may probate a copy of a will. As set forth in NY Jur.2d Decedents' Estates section 1807, "Under the Surrogate's Court Procedure Act, a lost or destroyed will may be admitted to probate only if: (1) it is established that the will has not been revoked; (2) execution of the will is proved in the manner required for the probate of an existing will; and (3) all the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of the will proved to be true and complete."
Therefore, if the 1993 will is a copy of the same document your uncle signed prior to his death, and you provide witness testimony - by affidavit - as to this fact, then you would be able to admit the document to probate.
This leads to your second question. Is there a statute of limitations to probate a will? The answer is no.
If you need further help with this issue feel free to give me a telephone call.
Mike.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
