When disputes arise over a deceased person’s estate, time is of the essence. In Georgia, as in other states, the statute of limitations sets strict deadlines for when estate litigation must be initiated. Failing to act within these deadlines can result in the loss of your right to pursue a claim. Understanding the relevant time frames is crucial to protecting your interests in an estate dispute.
What is the Statute of Limitations?
The statute of limitations is a law that imposes time limits on when a lawsuit can be filed. In the context of estate litigation, this includes disputes over wills, the actions of executors, and the distribution of assets. Georgia’s specific time frames depend on the type of claim and the circumstances surrounding the case.
Will Contests
In Georgia, anyone seeking to contest the validity of a will must typically do so within a limited period. The general statute of limitations for will contests is four years from the date the will is submitted to probate. However, if the person contesting the will was a minor at the time of the testator’s death, they have four years from the time they reach the age of 18 to file a claim.
Breach of Fiduciary Duty by an Executor
Estate disputes also arise when beneficiaries believe an executor has breached their fiduciary duty. Claims of misconduct, such as mishandling assets or failing to follow the will’s instructions, are subject to a statute of limitations. In Georgia, these claims must typically be filed within two years from when the breach was discovered or reasonably should have been discovered.
Fraud and Undue Influence Claims
If a will or trust was created under fraudulent circumstances or undue influence, beneficiaries may file a lawsuit. In these cases, the statute of limitations in Georgia is seven years from the date of the fraud or undue influence.
Act Promptly to Protect Your Rights
Navigating estate disputes requires timely action. Missing the statute of limitations can prevent you from pursuing your claim, no matter how valid it may be. Consulting an experienced estate litigation attorney at The Williams Litigation Group ensures that your case is handled within the legal deadlines, giving you the best chance of a favorable outcome.