Do I have time to have my husband’s Will contested if I found out that money had been hidden?

UPDATED: Oct 1, 2022

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Do I have time to have my husband’s Will contested if I found out that money had been hidden?

My husband died about 2 1/2 years ago; his daughter was executor of the Will. He had CD’s and bonds that I found out about by going through our tax

records. I did not receive 1 penny and it was $400,000 in CD’s. He also had

another bank account that I didn’t know about and a safety deposit box. I also didn’t receive a penny from his life insurance. He died of cancer and definitely wasn’t of sound mind. Additionally, $30,000 was taken out of our home that he had wanted me to have. His brother admitted taking it and his daughter put it in a safety deposit box. Do I have the right to any of this money?

Asked on September 16, 2018 under Estate Planning, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the estate has gone through probate, it is too late, unfortunately: once probate is completed you are legally barred from challenging the will and also, there is no estate left to challenge: the estate ceases upon completion of probate. This is so that there is finality to the disposition of assets.
If the estate has not yet been fully probated, you may still have time to challenge; in this case, speak to a probate lawyer IMMEDIATELY, before more time goes by.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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