Legal Question in Wills and Trusts in California
California inheritance time limitations
My father died 13 years ago. After his death there was a family diagreement, and my fathers side of the family, including me and an older brother,stopped speaking to his current wife (My stepmother)and their child (My half sister).I am not sure if my father had a will or not, and nobody from his side of the family, including my brother and I, ever made an attempt to discover what type of inheritance we were entitled to. I am assuming his wife and my half sister split the inheritance equally. I am wondering if there are time restrictions,Or am I still entitled to my portion of the inheritance 13 years after his death, and If I am, How do I initiate an inquiry?
This happened in the state of California.
Thank You.
1 Answer from Attorneys
Re: California inheritance time limitations
this depends upon whether or not the estate was probated. if it was you would have received notice and your time to file a claim or contest the will has passed.
if not, there is no time limit for probate and probate could be opened with the superior court in the county in which your father died.
however, it is possible that some or all property was held as community property or joint tenancy or that property was given to your stepmother or stepsister during his lifetime. in any case, at this late date finding the information you might need is likely to be difficult and any assets to which you may have been entitled may now be dissipated or untraceable.
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