Legal Question in Wills and Trusts in California

Three issues related to my father's death. He died intestate in California more than 10 years ago. There were no known assets at the time, and probably some credit card & medical debt. In past 2 years, the surviving children have found some intellectual property rights (copyrights) for books he published during his lifetime. While the asset value is somewhat questionable unless the books are reprinted, at least two publishers have made tentative offers for both known published works. There is also one complete work which is unpublished.

Probate filing in California is $2500, publishers are offering nowhere near this amount. So what happens to the copyright if the asset is not probated, and do any new monies have to stand for the old debt which is now probably outside the statute of limitations for collection?


Asked on 8/22/11, 7:45 am

1 Answer from Attorneys

Kurt Seidler Law Offices of Kurt A. Seidler APC

Unless someone like yourself steps up to the plate and opens a probate eventually tthe books will become public domain. Probate filing fees in Californa are different for each court. The attorneys fee depends on the amount of the estate.

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Answered on 8/22/11, 10:02 am


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