You may have less than ninety days to challenge a will’s admission to probate in West Palm Beach. Probate courts do not reward those that wait too long and sleep on their rights so better to act today rather than lose the chance. Check out this case out of the Supreme Court of Montana where children tried to probate their mother’s will fourteen years later and the court said too late!
Statute of Limitations
- Florida has a strict statute of limitations that limits your right to challenge a will’s admission to probate.
- You may have as little as ninety days after you are served with the notice of administration.
- What are you going to say to the court to get the will thrown out?
- Where the statute of limitations does not pass because notices have not been served the court may apply the doctrine of laches.
- What does that mean?
- Laches exists where a party is actually or presumptively aware of his rights but fails to act, resulting in a delay of such duration or character as to render the enforcement of rights unfair or “inequitable.”
- Have you waited too long?
- Are you concerned that the court will apply the doctrine of laches?
- That is exactly what the trial court did in this appeal to the Supreme Court of Montana.
In re Estate of Harris
- This was a probate appeal to the highest court in Montana regarding a mother’s estate that was left undisturbed for way too long.
- How long is too long?
- How about fourteen years.
- A stepfather filed an application for informal probate of a mother’s will and for appointment as personal representative.
- The surviving adult children contested the admission of the will into probate because the will promised all mineral rights in certain lands to the stepfather.
- The contestants wanted to administer an alternative will that was executed years prior.
- The court noted that the contestants had waited fourteen years and that regardless of any statute of limitations being inapplicable laches had occurred.
- Are you concerned that you waited too long?
- Experienced Palm Beach probate litigators know that time is of the essence and that you may have a claim that is expiring.
Want to learn more about the doctrine of laches and statutes of limitations in West Palm Beach?
Check out the entire case by clicking here.