What is the statute of limitations for an estate in CA?

Asked over 1 year ago - Anaheim, CA

What is the statute of limitations for an estate? My dad passed in July 2009, my sister was the executer of his estate. His estate was to be split 50/50. She turned his house back to the bank. Cleared out his bank accounts of $60,000. Last offer to pay me off was $400.00. She has never given me any information on where she has spent the money. I did receive the life insurance that was due me, but so did she. I don't have money to pursue this because I've had to pay medical insurance of close to $2,000 per month for the last three years.

Attorney answers (3)

  1. Edward Warren Goodson

    Contributor Level 11

    2

    Lawyers agree

    Answered . I don't know what statute of limitations might be applicable while the probate remains open. However, I urge you to consult with a probate attorney right away, just in case there is some sort of limitations period. Most probate attorneys will give free consultations.

    If you are a beneficiary, the executor works for you. It's time to take the initiative and demand what you deserve.

    Please call me for a free consultation at 925-362-4230. The information you obtain at this site is not, nor is... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . You mention that your sister is the executor of the estate. Was she appointed / approved by the probate court? Was a petition for probate filed? Have you spoken with your sister or formally demanded an accounting for the estate thus far?

    It is time to take the initiative and consult with a local probate attorney to review all of your facts and circumstances so that you can make an informed decision on how to proceed.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more
  3. Bert Z. Tigerman

    Contributor Level 15

    1

    Lawyer agrees

    Answered . There is no "statute of limitations" for closing a probate estate. In most counties in California the probate court keeps track of cases by setting a date by which the estate should be closed at the time the court admits the will to probate. It generally sets a date for an order to show cause why the estate is not closed a year or so after the executor is appointed. If a probate has been opened, you should check the court file. Also you might consider filing a "request for special notice" in the estate. That would entitle you to a notice every time something occurs in the probate court. If you cannot afford a lawyer, the Orange County Bar Association has a panel of lawyers on a low fee/no fee basis - they generally give some free consultation as well. You might check with them.

    DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any... more

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