Do I have time to have my husband’s Will contested if I found out that money had been hidden?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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