What is the name of your state (only U.S. law)? In California what is the statute of limitations for probate. If no one filed probate is it against the law? My husband asked to see the will of his mother and was denied by this brother who took everything. Its been five years is it too late to file a request in the court system?
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statute of limitations in CA
- Thread starter Cathy777
- Start date
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Subject to being corrected by someone with more knowledge of CA probate law, I don't believe that there is a time limit to open probate. (See below.)
But why did your husband wait so long to question this? And how did the brother manage to "take everything" without probate? Are you talking about personal property that would not have title associated with it? Or is there real estate, bank accounts, stocks, etc. involved?
But why did your husband wait so long to question this? And how did the brother manage to "take everything" without probate? Are you talking about personal property that would not have title associated with it? Or is there real estate, bank accounts, stocks, etc. involved?
8000. (a) At any time after a decedent's death, any interested
person may commence proceedings for administration of the estate of
the decedent by a petition to the court for an order determining the
date and place of the decedent's death and for either or both of the
following:
(1) Appointment of a personal representative.
(2) Probate of the decedent's will.
(b) A petition for probate of the decedent's will may be made
regardless of whether the will is in the petitioner's possession or
is lost, destroyed, or beyond the jurisdiction of the state.
8001. Unless good cause for delay is shown, if a person named in a
will as executor fails to petition the court for administration of
the estate within 30 days after the person has knowledge of the death
of the decedent and that the person is named as executor, the person
may be held to have waived the right to appointment as personal
representative.
We live in Montana, so we unable to make a trip to Ca or find an attorney that would help us. The real estate was sold I am sure right away. But we know there was a will. But he refused to produce it. He was the executor on the will. It seems people get away with this all the time. We were hoping to find an attorney is it too late?
Our request for a copy of the will has been denied and ignored. He would really like to see it. Any ideas?
Our request for a copy of the will has been denied and ignored. He would really like to see it. Any ideas?
It could be that mother made brother a joint owner with right of survivorship or added him as beneficiary on her assets. In that case, probate would not be needed for him to gain ownership and control of the assets. Otherwise, he should not have been able to dispose of or gain control of the assets without opening probate and gaining the court's appointment as the personal representative.
Institutions dealing with transfer of a deceased person's assets sometimes make mistakes in releasing funds. But, not very often.
As the quoted sections in my first reply stated, your husband can petition the court to commence probate and then request that the court compel brother to produce the will.
Institutions dealing with transfer of a deceased person's assets sometimes make mistakes in releasing funds. But, not very often.
As the quoted sections in my first reply stated, your husband can petition the court to commence probate and then request that the court compel brother to produce the will.
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You can contact the DA, but the chances are very, very, very slim that the criminal justice system would get involved when there is no evidence of criminal activity.Would the DA help me?
Now, if you husband were to appointed as the estate's personal representative and gains access to all his mother's records and finds suspicious activity (like, say, forgery), then the DA might be interested.
The will only controls the disposition of assets that are part of the probate estate. Not assets co-owned with right of survivorship, or assets with designated beneficiaries (Pay on Death designations, Transfer on Death designations, life insurance with a beneficiary, IRA's with beneficiaries, etc.)
How on earth can you force someone to show you the will? Its so hurtful for my husband to never have seen the will. Can his brother the executor of the will not do his duties and ignore him. Who watches over the executor of a will?
Thank you for all the help. I wish I could find a young, aspiring attorney that would do it on a contingency basis. Not very easy to do.
He just wants to see the will. Shouldn't his brother also need to show documentation of any transfer of property, etc. if that was the case.
Thank you for all the help. I wish I could find a young, aspiring attorney that would do it on a contingency basis. Not very easy to do.
He just wants to see the will. Shouldn't his brother also need to show documentation of any transfer of property, etc. if that was the case.
My husband was a designated beneficiary on the will. Half of everything, him and his brother. But somehow everything after her stroke must have been put into his brothers name. What if there are conflicts, the will shows assets go to both of them, but everything through power of attorney he had put in his name. Its too late then, right?
If he knows that, why does he need to see a copy of the will?My husband was a designated beneficiary on the will. Half of everything, him and his brother.
The "designated beneficiary" that I mentioned refers to the naming of a beneficiary for an account on the document establishing the account. It applies to that specific account and any funds in the account pass to the beneficiary upon the death of the account owner by operation of law rather than through the probate process.
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