Is there a statute of limitations on probate?

UPDATED: Jul 24, 2013

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Is there a statute of limitations on probate?

I believe fraud took place. My father’s sister’s estate went into probate and at that time my father was ill. His sister brought him into her attorney’s office and had him sign a document for money stating he had no interest or future claim in the property/assets in probate? My father passed away a couple years later (16 years ago).

Asked on July 24, 2013 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of California there is a three time period ordinarily to file a claim for fraud from the time of it. If a matter has been probated and the probate estate has been closed, ordinarily in California the time period to file a contest of the state should be done within one year after the estate has been closed. I suggest that you immediately consult with a Wills and trust attorney about the matter you have written about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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