My mother died in 1979 and left her half of a large family farm to us children with a life estate for my father. We now found out that my father disclaimed his right to the land in 1979 but has been running it as though he had a life estate. Can we go back for income now that this has been revealed or is laches in place and is it not worth it and to legally difficult?
1 Answer from Attorneys
The real question is when you could, by reasonable diligence have discovered this new evidence. That's really the key and you would need to go back through the entire case file to determine that. You also might find that you'd have to sue dear old Dad who might not have any money. That would not be pleasant.