Legal Question in Wills and Trusts in California
New assets found 4 yrs. after probate. What now?
Husband died in California 1994 leaving everything to wife. Several years later, wife dies in California and during probate, it comes to light that, the husband had Mineral Rights Titles for land in Canada. These were not listed in his will or probated at that time. The valve of the titles is probably minimal at present but if a Gas/oil exploration company took interest, who knows. Do we now have to go back and re open his orginal probate and go through that again to get it transfered to her and then finish her probate? Or, is there another way of doing this?
1 Answer from Attorneys
Re: New assets found 4 yrs. after probate. What now?
Depends. If the title to the mineral rights was in both of their names at the time of his death, as joint tenants, it would not have been subject to probate, anyway.
If the value is low, the matter could probably be handled through administrative paperwork, without probate.
Since it is in Canada, there may have been some action taken there, which established the new ownership.
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