Legal Question in Wills and Trusts in California
statue of limitation on probates with a will
My mother died 11 yrs ago. I bought the house through probate still owing my sister $10,000. She sold her 2nd deed of trust for cash. I have paid off 2nd deed of trust. However, now she is stating she still has part ownership in the home. Is this true and can she still contest the protbate. She was the executor of the will and agreed to 2nd deed of trust before probate judge signed the agreement between us. She has lived with me off and on for 9 years and states she still has part interest in the home due to that fact.
2 Answers from Attorneys
Re: statue of limitation on probates with a will
For a while you sitting in front of a computer screen waiting for an answer rather than finding a probate/litigation specialist who can help you with this situation. Get off your chair, call an attorney immediately to protect your assets. Your question leaves more questions than answers. The problem is if you have a legal agreement approved by the judge she has no rights whatsoever. Yes no you paid off the second deed of trash and she has not giving you a sign to reconveyance of title then you have a problem in being able to establish sole ownership without any liens and encumbrances. You probably have to sue her, but there are other alternatives if she has any semblance of common sense and will co-operate. That's my job usually is the attorney.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: statue of limitation on probates with a will
I would need to see the agreement, but she is wrong if she thinks that just by living there off and on, she has any ownership rights.
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