Legal Question in Wills and Trusts in California
statute of limitations
My father passesd away 4 yrs ago and we found 2 different wills. There is a 3rd will but we could never locate it. My brother took some documents and property from my fathers house before they ever removed the body. We do not know if he has the will and will not share it with us. Since his death we found out there is a lot of property involved in the Philippines and money envolved. Do I have a time limit where I can file to take some action? If so, what action can I take?
1 Answer from Attorneys
Re: statute of limitations
If there has been no probate of your father's estate, then no. If the estate has been probated, then it may be too late.
If there has been no probate, someone should file for letters of administration as the personal representative of the estate and use court process to marshall the assets, discover and determine what is the operative will, and go from there. Anyone interested in the estate can do so.
Real estate in the Philipines, will have to be probated there.
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