Q: Is there a statute of limitations on filing a will in Oklahoma: -- father died Sept 2019, -- will found Sept 2020?
I am hoping there is a statute of limitations, otherwise, does a probate ever end or is an estate ever really settled if a will can pop up out of nowhere during the life expectancy of the heirs at law for the next 20 - 50 years. Heirs at law spent 1 year probating the estate as intestate and now have to start over probating the estate as if there is a will starting with a contested will action against the legatee of the will (registered nurse who is a grand niece of the testator).
Is there any statute in Oklahoma that prevents nurses from conning the elderly out of their estates. In Illinois, there is a state statute expressly voiding any will that bequeaths an estate from a testator to a nurse or other medical provider.
A: There is no time limitation on when a will may be admitted to probate. There is no statute specifically related to nurses that I am aware of. There is a general statute concerning wills obtained under duress, fraud, or undue influence. It is difficult from your description to determine what the status of the case is and whether there was ever a final order. The finality of a decree depends upon a number of factors not disclosed by your description. Since this appears to be an ongoing case, questions could be addressed to the attorneys in the case who would be more familiar with the facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.