What is the statute of limitations for contesting the validity of a Will?

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What is the statute of limitations for contesting the validity of a Will?

My father died 14 years ago. The Will that was presented at his funeral by my sister left her everything. Recently I came across a copy of this Will and realized rgat my dad never signed it, in fact, it was not signed by anyone. I contacted my sister and asked her to send me a signed copy. She sent one that was signed by my Dad and by 2 witnesses but without complete addresses, plus it was notarized by a notary who’s appointment was not even valid at the time my dad suppossedly signed it. I don’t think this Will is valid. Is it to late to do anything about it? I believe that my dad had another Will.

Asked on May 21, 2012 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for the situation. I need to clarify here that the Will was submitted for probate to the probate court.  Nevada Revised Statutes Section 137.080 states as follows: After a will has been admitted to probate, any interested person other than a party to a contest before probate or a person who had actual notice of the previous contest in time to have joined therein may, at any time within 3 months after the order is entered admitting the will to probate, contest the admission or the validity of the will. The contestant must file with the court in which the will was proved a petition containing the allegations of the contestant against the validity of the will or against the sufficiency of the proof, and requesting that the probate be revoked.  If it is not contested within that time the probate is deemd to be conclusive.  Please go and speak with some one in the area to be sure. Good luck.



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