How long do you have to file to probate the estate? The answer may surprise you because in certain cases where the will was concealed the time limits may not apply. Want to learn more? Check out this recent case out of the Court of Appeals in Utah where a son tried to file to probate his father’s will twenty five years later.
Statute of Limitations
- Statutes of limitations and repose are important for all types of litigation and Florida probate litigation is no different.
- Any Florida trust lawyer will tell you when it comes to a probate lawsuit time is of the essence.
- Estate lawyers in Florida know the applicable statutes of limitations and making sure you have not passed them is usually one of the first tasks.
- Have you talked to a Florida probate lawyer or probate litigation attorney about the statutes of limitations for your case?
- There are certain times when the statutes are tolled.
- Do you know what that means?
- Probate attorneys Florida may be able to hold off the deadline thus it has been “tolled.”
- Have you spoken with your Florida estate lawyer to see if the statute can be tolled for you probate case?
- When can that be done?
- Check out this recent case out of Utah to see one time when it cannot be stopped.
In re Estate of Strand
- This was an interesting case out of Utah where the son wanted to probate his father’s willtwenty five years after his death.
- Normally this is an easy case right, he waited too long!
- But it was a bit more complicated.
- For one thing, the other son (his brother) had concealed the existence of the will for twenty five years!
- That is fraud.
- Florida estate attorneys know that in some cases the statute of limitations can be tolled due to fraudulent concealment of a will.
- Unfortunately for the litigant in Utah they had what was called a statute of repose, not a statute of limitations.
- Under Utah law it simply could not be tolled in those circumstances so the son lost.
- Would this have ended the same way in West Palm Beach?
Want to learn more?
Check out the entire case by clicking here.
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