From our “Ask a Question” mailbag: My partner said that he was going to leave me money in his will. But, at his death, a distant cousin of his filed a will and obtained letters with the Montgomery County Register of Wills that gave everything to that cousin. I think the 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 Montgomery Probate Attorney file a caveat with the Montgomery County Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will. Also, this would have given you more time to 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 the filing and to contest the validity of the Will. This can be done 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 Montgomery County, feel free to contact our office for a free consultation.