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    beemu's Avatar
    beemu Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 21, 2010, 01:33 PM
    California inheritance laws - how long is the period for a legacy to be claimed?
    Hi,
    I just found out on the internet that my father has passed away in 1996.
    Being a registered illegitimate child of his and living in Germany, I wasn´t informed, for one or the other reason. I don´t know if his other German children were informed.
    His estate was left to someone else who is still owning it.

    I didn´find an online source giving me the basics on the Californian laws on inheritance or the specifics on when and how a legacy has to be claimed - can anyone tell me? I guess it is also a question of whether a will existed, where can I find out if there was (he died in Orange)?

    Any answer is highly appreciated.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Aug 21, 2010, 05:04 PM

    It depends on many factors... was there a will or not, are you an omitted child or not?
    In California, for example, you have 4 years to make a claim on a written contract, and 3 years to file for property damage.

    Following an individual’s death, the will begins the probate process. During this process the court will validate the will and prepare to distribute the decedent’s property. Once the process is complete and the will has been administered the estate is closed.

    However, if someone later believes he or she is still entitled to property even after the estate has been closed, a claim may be filed in court to attempt and recover this amount. The limit for filing such a claim in California is 3 years.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Aug 21, 2010, 05:15 PM

    The likelihood, if he died in 1996, is that the time for filing has past. However, if you were a known and registered child, and you weren't informed of the will, you may be able to make a claim on that basis.

    I would contact a CA attorney to check into this for you.

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