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Will executor be fined for not filing probate in Ca. or not changing deed/tax bill? It seems fraudulent he used estate as a bank

Oxnard, CA |

15 years ago a life estate for a home was left to my husband in a will. The will was probated in their home state by the executor the will (a grandson) but the property is here in California. The deed was never changed nor were the taxes placed in my husband’s name. The probate remained open for 10 years in the other state and the Grandson took funds from estate to buy a house and pay his personal bills outside of what he was allowed as executor. The home was never probated in the state of california nor were the personal bank accounts and other property ie cars that were here in Ca.

Attorney Answers 2


  1. It sounds like the estate may have been closed for 5 years or more. Most states have a statute of limitations on probate matters that is relatively short. Depending on where this was done and how, an attorney should be able to tell you whether you have any recourse or not. Obviously, you need to have this looked at, sooner rather than later.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. You should see a real estate attorney with probate experience. If the probate case is closed in the other state, you need to file a quiet title action here in California, in the Superior Court in the county where the property is located (Ventura County, I assume). Your husband is seeking a judgment decreeing that he has a life estate. You will need to get certified copies of the probate court records from the other state court.

    Richard A. Rodgers, Esq.
    SHANE, DiGIUSEPPE & RODGERS LLP
    200 N. Westlake Blvd., Ste 201
    Westlake Village, CA 91362
    (805) 230-2525
    rar@sd-attorneys.com
    www.sdresq.com

    As stated in the AVVO.COM Terms and Conditions of Use, this answer is not intended as legal advice, and no attorney-client relationship or privilige is created by this response.

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