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Delta-Lawyer, Attorney
Category: Estate Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My mother died in 2010 and left a will dividing everything

Customer Question

My mother died in 2010 and left a will dividing everything between us 3 brothers. Younger brother named executor and will not give us an accounting of the estate, We just found out he put all the property in his and spouses name. Never filed probate. We want to take action. Property involved and other cash assets. Are we to late?
Thank you. Craig and Sonjia Johnson
Submitted: 1 year ago.
Category: Estate Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience handling matters of this nature. This is a an interesting issue due to the time frame we are looking at here. California actually has pretty short and defined periods of time for response when an estate is actually brought to probate. If your brother did actually probate the estate, then your time to file a response or interject your rights has long since passed you by. However, since it appears that the estate was never probated, then you have the ability to file a motion before the court that would have had probate jurisdiction to interject your rights here. There is no statute of limitations or prescriptive period if the will or estate was never probated. I would join your other brother in filing a petition to probate the estate and contest the actions of the executor together. There is certainly strength in numbers in this context. So, based on what you are telling me, the answer to your question is, no, you are not too late. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS). Best!
Expert:  Delta-Lawyer replied 1 year ago.
Just checking to see if you have any other questions or comments. I want you to be as comfortable as possible as you move forward. Thanks