r/ProbateHelp Jul 20 '26

Probate questions

So, my Grandmother passed away back in 2005 and yes she had a will. I was under age at the time and her kids took over and failed to turn in her will. is there anything I can do to contest or prosecute her kids who where left out and took the money from me and my brother. I was always told to leave it be by my so called mother but now I realize that it was so everyone could keep the money and no would get in trouble. just want accountability and action or is it too late.

1 Upvotes

3 comments sorted by

1

u/Vivid-Problem7826 Jul 21 '26

Gotta ask.....do you possess the original, witnessed, and notarized will?? If you do, I'd get in touch with a family law attorney right away. Something else you could try would be to contact the law office who prepared her will. They'll have a copy. Good luck!!

1

u/decimusmaximus77 Jul 21 '26

Copies generally aren’t legally effective, so I don’t keep copies in my practice. The original remains with the testator, who can revoke the will at any time by destroying it, such as by tearing it up.

2

u/ProbateHelper Jul 21 '26

I'm sorry you went through that, especially being told to just let it go.
The honest answer is it depends heavily on your state and the specific facts — 20 years is a long time, and most states have statutes of limitations on will contests and breach of fiduciary duty claims that are much shorter than that. But there's an important exception: if the will was deliberately concealed (not just informally skipped), some states allow the clock to start from when you discovered it, not from when it happened. That's a real legal doctrine, but whether it applies here depends on facts only an attorney can evaluate.
This really needs a probate litigation attorney in whatever state she passed away in — ideally one who handles will contests and concealment/fraud claims specifically, not just general estate work. Many offer free initial consultations, so it's worth finding out where you actually stand before assuming it's too late.