It is not normal for a Court to revisit an estate decades after someone dies. However, that is exactly what is happening right here in New York with the case of The Will Of Elmer H. Bobst who passed away over 30 years ago.
Originally, Bobst’s estate was divided according to Letters Testamentary that he left behind. However, his heirs have recently discovered that after writing the Letters, he made a Will. This Will has just been discovered. Now, the Courts have had to reopen the estate to determine which document should be used in distributing the assets of the estate. The Court has recently decided to hold a trial on the matter. Obviously, this will be very expensive and witnesses may be difficult to track down, assuming that they are still alive.
Mae sure that if you create a new estate plan, that you destroy the documents of your old one. You should also make sure that your estate plan can be easily found. You do not want to have your estate reopened thirty years after the fact.
Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.