too late for probate?

[torimac]

What is the name of your state (only U.S. law)? CA
My husband's mother passed away in 2010. She had a house in CA. No probate paperwork was filed at that time because the father could not be found. He later contacted one of the siblings in 2012. Shortly after that, he also passed.

Initially, it was thought that there was no will but it turns out there was. The will states (paraphrased) to sell the house and split the proceeds of the sale equally amongst all the siblings.

However, instead of filing for probate, my husband's sister allowed the older brother to move in, nearly rent free. He only has to pay the property tax, which is only $1300 a year. My husband feels he should have to at the least pay rent to the estate, which would help with maintenance and pay out a bit to the other siblings. The older sister, the named executor, disagrees.

So, the question is this: is there any time limit to filing probate in Oakland, CA? My husband does not want to cause a rift in the family but also does not want to miss out on any deadlines.

 

[tranquility]

There really is not a statute of limitations on probate. There are some deadlines that could affect some things, depending on the situation, but you can open probate. Are you sure you don't need to open two probates?

 

[torimac]

It is possible that we need to open two probates due to the timing of the deaths. We are saving for a lawyer to ask some specific questions. The parents were naturalized citizens who were married in Central America. They were also divorced in Central America, so we are not sure how that applies to the house. The house was paid off years ago, so there is no mortgage. But the father was on the deed still. The family was trying to locate him to have him sign a quit claim as he had not lived in the house (or the country) for years, possibly over a decade. So, the family needs to determine who would inherit what. Ultimately, the father did not have a will and with both original owners of the house having passed, the children may be the only people left to inherit.

But, we were mostly worried about the time limits.

 

[Zigner]

Exactly how is the deed worded?

 

[torimac]

The deed is being held by the executor (along with the will) who will not share it with anyone. We are trying to search online for the deed. If all else fails, we are hoping a lawyer can help us find it.

 

[Zigner]

The deed is being held by the executor (along with the will) who will not share it with anyone. We are trying to search online for the deed. If all else fails, we are hoping a lawyer can help us find it.

It is on file at the county recorder's office...

 

[Zigner]

The reason I'm asking is because it's entirely possible that the house passed to her husband outside of probate. If that's the case, then the laws of intestate succession will apply.

 

[Dandy Don]

And why doesn't sister want brother to pay rent? She needs to ask him if he wants to make an offer to buy the home, before it is sold if he chooses not to buy it.

The heirs can force a sale of the property if they choose to do so, and then proceeds can be split amongst all of the heirs.

 

[tranquility]

And why doesn't sister want brother to pay rent? She needs to ask him if he wants to make an offer to buy the home, before it is sold if he chooses not to buy it.

The heirs can force a sale of the property if they choose to do so, and then proceeds can be split amongst all of the heirs.

Owners can force the sale, not heirs. In CA, if two or more heirs would get an undivided interest, they can request partition in probate. They are not in probate yet.