Legal Question in Wills and Trusts in California
Is there a statute of limitations on opening probate?
Aunt died in 1989. She had senile dementia and was unable to recognize anyone for at least five years prior. She had acquired property when she was a widow 25 years previously. Her husband said she had signed all property over to him when she first started showing signs of dementia (at least five years prior to her death). So she died intestate and nothing was probated. She quit running her business and was cared for by home health aides for years. When her husband died last year, aunt's sole surviving kin (a niece) found a Quitclaim deed that was signed in 1988 (less than a year before she died and when she was obviously incapacitated). Is there a way to open probate on her and dispute the quitclaim? Property was transferred to her husband's trust in 2003 and has not been sold.
3 Answers from Attorneys
Re: Is there a statute of limitations on opening probate?
Since no probate was opened for the aunt, you don't have a problem with initiating such a proceeding. You may want to file an action challenging the husband's trust and seeking to return it to her estate. The statute of limitations on the trust is going to run from the date a "notice of adminstration" was sent and is generally 4 months. You should contact an attorney as soon as possible.
Re: Is there a statute of limitations on opening probate?
You could challenge the transfer in husband's probate, or open a proceeding to challenge the transfer. Opening probate this late for your aunt would be difficult - although there is a chance you could argue that probate was not possible before because there was no known property. Unless the property had very significant value, your costs could exceed your potential benefit.
Re: Is there a statute of limitations on opening probate?
In this case there should be significant facts to warrant the Probate.
I will send you private email discussing matter further.
Scott Linden
www.No-Probate.com
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