Legal Question in Wills and Trusts in New York
Statute of Limitation of Will
I would like to know if a will becomes invalid due to a statute of limitaions? How much time has to evolve for the will to become invalid? What is meant by the phrase, Defense of Laches?
Asked on 12/27/99, 8:35 pm
1 Answer from Attorneys
Alan Pransky
Law Office of Alan J. Pransky
Re: Statute of Limitation of Will
Since a will has no effect until a person dies, it would be unjust and unfair for a will to become invalid because another person failed to present it to a court. Most states impose criminal penalties for failure to produce a will following a person's death. While there is no statute of limitations for probate of wills, it is possible that a person who fails to file a will could be prevented from obtaining a benefit by a late probate of a will.
Answered on 12/30/99, 7:20 pm
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