Legal Question in Wills and Trusts in California
Probate of mothers will
My mother died 25 years ago. There were no assets remaining. She also had a revocable trust that I was the trustee of. No 25 years my two adult daughters38 and 40 have brought an action against me demanding a complete accounting of the property in the will. The property had been sold with her knowledge and consent prior to her death. My question is isn't there a statute of limitations in which my daughters can file such an action? They were 14 and 16 at my mothers death?
2 Answers from Attorneys
Re: Probate of mothers will
To answer your question directly: yes, there are statutes of limitations that would apply. The more important and difficult question is whether the applicable statutes of limitations have run. That question requires more legal research and more knowledge of the facts. Given your children's ages, the time when they discovered the facts to bring an action against you will most likely play an important role in determining whether the statutes of limitations have run.
The bottom line is that you need to see an attorney, who with knowledge of the facts can give you an accurate answer and then be able to present that "answer" to the court.
Sincerely,
Kai H. Wessels, Esq.
(toll free: 877-wessels)
Re: Probate of mothers will
To answer your question directly: yes, there are statutes of limitations that would apply. The more important and difficult question is whether the applicable statutes of limitations have run. That question requires more legal research and more knowledge of the facts. Given your children's ages, the time when they discovered the facts to bring an action against you will most likely play an important role in determining whether the statutes of limitations have run.
The bottom line is that you need to see an attorney, who with knowledge of the facts can give you an accurate answer and then be able to present that "answer" to the court.
Sincerely,
Kai H. Wessels, Esq.
(toll free: 877-wessels)
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