Q: Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates
Is there a time limit?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.
According to California Probate Code Section 16460, if you were not properly notified of the administration of your father's estate, you have the right to file a claim. The statute of limitations for this type of claim is as follows:
1. If you were entitled to receive a share of the estate under intestate succession laws or under your father's will, you have one year from the date of final distribution of the estate to file a claim.
2. If you were not entitled to receive a share of the estate, but you have a claim against the estate (such as a debt owed to you by your father), you have one year from the date you discovered or reasonably should have discovered the facts giving rise to your claim.
It's important to note that these time limits can be complex, and there may be other factors that affect your ability to make a claim. It is highly recommended that you consult with a qualified probate attorney in California as soon as possible to discuss your specific situation and determine the best course of action to protect your rights and interests.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
