Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
Call Today:
212-233-1233
Is there a Time Limit or Statute of Limitations for Claiming an Inheritance in New York?
There are some deadlines when it comes to claiming an inheritance in New York. There is no formal time limit for claiming an inheritance in New York. However, you should be mindful of the following statutes of limitations: the six-year deadline for challenging an account of the estate, the three-year deadline for making a claim against an executor for theft from the estate, and the first-hearing deadline for objecting to the will.
The court will still look into the situation and will examine the reasons for the late filing. If the court’s suspicions are confirmed, the court may deny the inheritance.
A late claim on a New York estate may have some additional issues, which are:
- Is there a valid reason for the late filing? – if the filing takes place more than six months after the death, the court will require an affidavit explaining why it took so long to file for the inheritance. The court may also make an additional inquiry into the circumstances of the late filing.
- The more time, the more suspicion – The New York courts are more skeptical if the claim was not made for several years.
- What is the degree of relationship? – The further the relationship, the more skeptical the court is going to be of the claimant’s excuse for the late filing.
- Claims can get stale – someone owes the estate money, the estate will not be able to sue them if the Statute of Limitations has expired. The statute of limitations for claims against an estate can range from 2 to 6 years from the date of the occurrence of the claim, depending on the type of case. Some cases have an even shorter statute of limitations.
- Is there anything left in the estate? – this is an important practical consideration. If someone has had access to the estate assets for the years they were not claimed, likely, whoever took the asset has spent them years ago, and the estate is exhausted. So even if there is a valid claim, collecting it will be a problem.
As late-filed inheritance claims are subject to higher scrutiny by the court, the claim must be carefully thought out and prepared. We at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can send us an email at [email protected] or call us at 212-233-1233.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 15 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
