Legal Question in Wills and Trusts in Virginia

Is there a statute of limitations on an intestate estate that was settled 4 years ago. No new will has been found but one of the parties feels he was not treated equitably in the division of the estate. He has said nothing for four years, but is now threatening to sue his two siblings. All three chidlren were joint administrators of the estate.


Asked on 11/10/09, 8:44 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, I know of no such statute of limitations in Title 64.1(Wills and Decedents' Estates) of the Code of Virginia. However, the disgruntled one's claims could now be subject to the defense of what the law calls "laches", i.e., sitting on one's rights and not taking action in a reasonably timely manner.

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Answered on 11/16/09, 1:21 pm


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