Legal Question in Wills and Trusts in California

Living Trust/Probate-Statue of Limitations

5 yrs after loosing my mother to cancer(I lived w/40 yrs.& ONLY member who took care of her til her death)that many of my family members (suddenly a interest w/home I've been@40 yrs,&CA REAL EST skyrocketed)are going against moms wishes of a''Life Estate.''for me.They're claiming I didn't ask in time for my ''Life Estate''(2 yrs)therefore they imposed a Petition,a Demurrer on residential property.Mom,I both(since1981-dads death)pd all taxes&ins.I alone have pd them,since moms death.Is there a Statue of Limitations w/ Ref:to the 2yrs?Is there Statue of Limitations w/the length of time a Probate Case(esp.when everyone is pd off,except Sole Heir/Adm)CAN/CAN NOT remain opened?If delayed too long,does it become a different type of case,meaning no longer a Probate Case?Thank You.


Asked on 8/07/04, 4:27 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Living Trust/Probate-Statue of Limitations

I'd have to know more to answer your question, but the life estate probably wouldn't require the probate case remaining open (one should be filed if there's a will involved and probate hasn't been filed). You should also review the life estate terms with an attorney to find out what your responsibilities are (re: taxes, maintenance, upkeep, notices, etc.). If court papers have been filed, see an attorney right away--you may have to respond to them in a very short period of time.

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Answered on 8/09/04, 12:50 pm


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