From our “Ask a Question” mailbag: My neighbor said that she was going to leave me money in her will. However, after my neighbor’s death, a distant relative of hers filed a will with the Philadelphia County Register of Wills that gave everything to that relative. I think that will is a forgery. Is there a statute of limitations period for me to challenge the will?
Yes. If you had acted before the will was filed, you could have had your Philadelphia Probate Attorney file a caveat with the Philadelphia Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will and decide if you were going to contest the will.
Now that the Register has issued Letters, you have one year from the filing of the will to appeal that filing and to contest the validity of the will through a will contest or will challenge. Filing sooner rather than later is usually the best, as the relative might be selling or distributing assets, which may be difficult or impossible to recover.
If you have questions about Estate Litigation in Philadelphia County, feel free to contact our office for a free consultation.