If my boyfriend passed away 19 months ago without a Will and 3 children, 1 of whom was a minor at the time, how long do we have to file for probate?
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If my boyfriend passed away 19 months ago without a Will and 3 children, 1 of whom was a minor at the time, how long do we have to file for probate?
the lawyer said to wait until the minor turned 18 to settle the estate; they turned 18 about 6 months ago. Is there a time limit for this? We have called the lawyer several times but he has never returned the calls.
Asked on June 8, 2015 under Estate Planning, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss and for the issues involved. It does not appear that your state has a time constraint that would be so close to the 19 months to be a problem. But what may be the issue is that you have no standing under the law to discuss his estate with the lawyer. Only the children do. I would advise them to seek help from a different attorney. Good luck.
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