Is it legal to sue an estate in California?

Is it legal to sue an estate in California?

The short answer to this question in California is yes. Two sets of California statutes set out the applicable law under these circumstances: Code of Civil Procedure Sections 337.40 through 377.42; and Probate Code Sections 550 through 554.

When to sue an estate under probate code 551?

Probate Code Section 551 provides that, if the limitations period otherwise applicable to the action has not expired at the time of the decedent’s death, an action under this chapter may be commenced within one year after the expiration of the limitations period otherwise applicable.

What do you need to know about escrow in California?

In order to perform escrow services in California, the Escrow Law states that an escrow must be a corporation, in the business of receiving escrows for deposit or delivery, and be licensed by the California Corporations Commissioner.

Can a plaintiff Sue the estate of a deceased person?

In addition to (or instead of) proceeding in this manner, the plaintiff can seek to keep “in play” potential recovery of both the insurance proceeds and the estate’s assets by filing suit in compliance with a second and separate set of statutes dealing with suing the decedent’s estate.

Who is the representative of the estate if there is no will?

The first thing is to figure out who will be the representative of the estate. If there is a will, the representative is the executor named in the will. If there is no will, it depends whether the case needs to go to probate court or not.

Who is the California Attorney General for estate planning?

Estate Planning – Wills and Trusts. Important: The California Attorney General does not give legal advice to individuals. If you are trying to decide how to provide for the distribution of your assets or care of your children after you die and you need legal assistance, you should hire your own lawyer.

Who is the sole owner of the house in California?

If it’s a joint account, that is if you and someone own the account together, the other account holder usually gets the balance when you die. Also in California some things you own, such as a house, may be registered with your county as “community property.” If that’s the case, your surviving spouse becomes the sole owner on your death.