Legal Question in Wills and Trusts in Nevada

Statute of limitations

Is there a statute of limitations on the challenging of a will, especially if another, more recent, will has been discovered? If children from a prior marriage have discovered another will, can the estate go into probate, even though the remaining assets have gone to the surviving spouse? Is there a statute of limitations on that also?


Asked on 3/07/00, 3:14 pm

2 Answers from Attorneys

Statute of limitations - Will

Just to point you in the right direction - when a Will is put into probate, there is a period of time to "contest" the Will. If the "last will" is not found during that time or the Will presented for probate is not contested, then probate is concluded. It is not a called a statute of limitations because it does not apply in the same way in which "statute of limitations" run, but the effect is the same. Off the top of my head, I can't tell you what the time frame is, but it is in the Nevada Statutes Paul referred to and you can look it up.

Hope this helps.

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Answered on 3/21/00, 12:03 pm
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Statute of limitations

Good afternoon, Sir or Madam:

The Nevada Legislature has developed a great basic research site covering

all of the statutes and administrative regulations, including references to

Nevada Supreme Court decisions related thereto, available at:

http://www.leg.state.nv.us

You may want to look into the chapters on Wills on this

site. In this regard, I invite your attention to NRS Chapter 133, which is

found at:

http://www.leg.state.nv.us/NRS/CH_133.html

There may be other laws affecting your ability to resolve a decedent's estate problem,

which is necessarily beyond the scope of this reply.

I charge $200.00 per hour for consultation, document review, case analysis,

advice, suggesting and recommending alternatives, legal drafting, telephone

calls, legal research and prosecuting or defending will contests when a client hires me.

If I do not hear back from you by Friday, March 24, 2000, I will assume that you

have answered your questions to your own satisfaction, hired another lawyer,

or decided against pursuing the matter.

I hope this is of assistance to you.

Paul J. Malikowski, Esq. Malikowski Law Offices, Ltd.

333 Flint Street Reno, Nevada 89501

Post Office Box 9030 USA fax and voicemail: (800) 331-9501

Reno, Nevada 89507-9030 Reno voice: (775) 786-0758

California & Nevada - 1979 Reno fax: (888) 201-0046

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Any information in this transmission is intended only as general

information and not as legal advice. This transmission does NOT

CREATE an attorney-client relationship. Under most circumstances

a lawyer does not violate a client's confidentiality by transmitting

documents via unencrypted electronic mail, the ABA Standing

Committee on Ethics and Professional Responsibility concluded in

an ethics opinion announced April, 1999.

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Answered on 3/20/00, 7:10 pm


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