Legal Question in Wills and Trusts in Illinois

statue of limitations

Can a person sue another person for not recieving an inheritance 28 years after the time in which the person leaving the inheritance actually passed away? Are there any limit of years?

Thank you

Asked on 8/05/06, 8:23 am

1 Answer from Attorneys

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Re: statue of limitations

The statute of limitations on a breach of fiduciary duty would likely be expired, unless there is an issue of transfer of title from the decedent to the beneficiaries, either by will or the intestate laws of Illinois.

E.g., a house owned by a decedent continues to be lived in by family members who never take the time to transfer the title out of the deceased person's name. In such a case, the beneficiary (or his heirs) may still have an interest in the real estate and would still be able to exercise his/her rights to the property.

I would recommend that you sit down with an attorney and ask your questions directly while presenting any documents that may provide additional information. Without all of the facts at hand, it is difficult to provide an accurate answer to your question.

Good luck to you.

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Answered on 8/14/06, 12:49 am

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