If you follow our blog, you know Florida Courts do not reward those that sleep on their rights.Do you know how long you have to file a will contest? How long do you have to probate an estate? Experienced West Palm Beach probate litigators know that in some cases families may wait years to finally get the probate started. Don’t believe me? Check out this case out of the California Court of Appeals where a man filed to probate his father’s estate twenty-five years after his death!
West Palm Beach Time Limits
- Do you know what a statute of limitations is?
- West Palm Beach probate courts reward those who act swiftly and punish those who sleep on their rights.
- After a will is admitted to probate if you are served with proper notice you may have as little as ninety days to challenge the will.
- What happens if you wait too late?
- The Court is going to deny your petition as a matter of the limitations period being tolled, the factual grounds will become a nullity.
- Most things in probate are subject to limitations.
- For example do you know how long you have to take your elective share?
- For one thing after served with notice of administration you will have a matter of three months.
- Other wise you still have to elect to take the share within two years of your spouse’s death.
- Why wait so long to probate?
- The truth is often it is a matter of procrastination.
- Don’t believe people can put it off that long?
- Check out this stunning case out of California where a son petitioned for probate over twenty-five years after his father’s death.
Estate of Karsin
- This was a case that pitted brother against sister.
- Both parents were deceased, and the father had been deceased for over twenty five years.
- Despite the time lapses, the son had filed to have his father’s estate administered.
- The will was also subject to a no contest clause which is not enforceable in West Palm Beach.
- Approximately six months after the husband’s death his wife filed a spousal property petition and represented that her husband had died intestate.
- This ensured the entire estate went to her.
- Upon the mother’s death in 2014 (the husband had died in 1989) the will of the father was discovered.
- At this point the son requested that the will be admitted to probate.
- What do you think?