Legal Question in Wills and Trusts in California

Re-opening of probate
Can probate be re-opened 8 years after closing, if a person comes forward claiming to be a son of the deceased, but who has no specific proof of such? My late brother in law was unmarried and never mentioned anything about having a son. Could the grave be exhumed for DNA? or could my husband be tested for DNA? We don't know if he's looking for an inheritance or just to connect to biological family (if he is family, which we don't know for a fact).

Asked on 4/23/08, 4:37 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Re-opening of probate

No. If probate was done properly through the courts, all claims against the estate must be brought within 1 year of publishing notice of the probate proceeding.

Answered on 4/24/08, 12:51 pm

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Scott Linden Scott H. Linden, Esq.

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Re: Re-opening of probate

Probably not without the existence of some additional proof...such as a birth certificate that's been INTENTIONALLY hidden away, or something of the like.

If this person is really just trying to reconnect with family, then finding you should be enough and (as you said) a blood test can confirm this. The person (if honest) should be so elated at finding family that the rest should just melt away as negligable.

Answered on 4/24/08, 5:05 pm

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