Statute of Limitations

[btyko]

Florida

My mother passed away almost three years ago. I am the personal representative of her estate.

My brother, who was disinherited, has been threatening to contest the will, on the grounds of mental incapacity (not true, of course).

When does the statute of limitations expire for him to contest the will?

He was notified of her death immediately.
He was sent a copy of her will immediately upon his request, about two weeks after her death.
The will was filed with the county a few months after her death.
The will was not submitted for probate, as there were no probatable assets.

Thank you for your help.What is the name of your state?What is the name of your state?

 

[seniorjudge]

If there were no probatable assets and the will was not admitted to probate, then what exactly is he saying he is going to contest?

You can't contest a will that is not admitted to probate.

 

[btyko]

I live in Floriida.

The only estate assets were jewelry, furniture and clothing. My understanding is that assets like that are not subject to probate. Is this correct?



All financial accounts were titled either jointly, or TOD (transfer on death).

 

[Dandy Don]

Did you have power of attorney while she was still alive?

 

[btyko]

At the time she signed her will, she also signed a Power of Attorney, authorizing me to make medical decisions. I do not think it was a general Power of Attorney.

Wouldn't somebody be able to contest a Power of Attorney on the same grounds that they could contest a will, if they believed that the signer was incompetent?