Timing Is Everything: Will and Trust Contests

As in criminal law, statute of limitations is equally important when it comes to probate law. Even if you have a rock solid claim, if you haven't filed a complaint within the limitations, you may be unable to proceed with that claim.

Many situations can arise in which you may need to contest a will or a trust. Sometimes those situations are created by outright fraud and sometimes they are just simple mistakes. These mistakes can be made by something as simple an accidental signing of the wrong trust document. It does happen. Some people are not as organized as others and paperwork can get mixed up. But what is important is that once that mistake is discovered it must be acted on as quickly as possible.

The statute of limitations vary depending on the type of contest involved. A few of these limitations are: 4 years to contest a trust on the grounds of an incompetent settlor, 3 years for trust contest involving fraud or mistake where personal property is involved, and 120 days for a will contest from the time the will is admitted for probate.

Please contact a professional Estate Administration Attorney when you believe there is reason to make a will or trust contest.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.

Related Posts
  • Part III - Trust's Arbitration Provision Does Not Compel Beneficiaries That Are not a Party To Such Agreement Read More
  • At What Point Should I Create a Will? Read More
  • Part III - Executor May Be Awarded Attorney Fees and Costs if Participating "As A Party to Assist the Court" Read More