Legal Question in Wills and Trusts in California

Re: Law requiring opening probate

I do a substantial amount of probate and I have never heard that stalling the start of probate would stop interest charges. As a creditor Medi-Cal could file probate if nobody else ever does it. This would then take control AND the eventual Executor's fee out of your family. I recommend you hire a competent probate attorney in your area and get the probate filed ASAP. It is very easy to work with the Department of Health Services (Medi-Cal) and try to reduce their claim. They tend to be very fair in my opinion. Delaying the start of probate is not likely to help you and will only delay the end. Best of luck to you!

Re: Law requiring opening probate

these questions cannot be answered correctly and completely without a review of all documents and more factual information.

in general, however, your mother's estate is responsible for any unpaid medical bills at her death (and perhaps other amounts owed to creditors). assuming that any applicable statute of limitations has not run, if you do not open a probate so that the estate, payment of bills and distribution of any remaining amounts are administered under the supervision of the probate court, a creditor can sue those in control or possession of estate assets. in addition, the recipients of any assets from your mother's estate can be sued to collect the amounts which should have been paid to creditors.