Q: Is there a time limit on probating a will?
My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a sheriff sale and they are the new owners. I am at a total loss of where to go from here and just need a professional opinion.
A:
Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.
It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate, which would have given you title. Therefore, at the present time, you have no rights to the property. While there is no time limit on probating a Will, since your delay has allowed there to be a default on something, probably a mortgage or real estate taxes, which, in turn, caused there to be a sheriff’s sale, you likely will not get anywhere by probating the Will now.
As I previously told you, you need to engage a lawyer very quickly to see if something can be done.
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