Here's the deal - no matter whether we are young or old there are certain words that jolt us to attention. Just a few from my childhood come to mind: "Time to get up;" Dinner time;" and "Time's up." For me, "time's up" brings back the panic of completing a section of the bar exam. Do Los Angeles trust beneficiaries and estate heirs need to worry about probate litigation deadlines?
When it comes to trust and estate litigation, there are some deadlines that just can't be missed. In a word - when time's up, time's up. I'm privileged to field many calls from prospective clients in Los Angeles, throughout California and even outside the state - some who fear that their right to recover from a trust or estate wrongdoing is time barred. Sadly, there are many times that they're right. So it's important for LA-area abused beneficiaries and even those disinherited to be careful. You don't want to be blindsided or left behind.
Now just a few reminders:
- An action on an oral or written agreement regarding distribution from an estate or trust must be brought within 1 year after the date of the promisor's death. (CCP Section 366.3)
- An objection to contest a will must be filed before the hearing on the petition for probate. (Probate Code Section 8250).
- A petition to revoke probate once a will has been admitted to probate must be filed within 120 days (Probate 8270) from the date of the hearing.
- When the notice provisions of Probate Code Section 16061.7 apply, the time to contest a trust may be as little as 120 days from the time notice is served. (Probate Section 16061.8.)
- An action for financial elder abuse for damages must be initiated within four years of when the financial abuse was discovered, or should have been discovered based on the facts, whichever comes first. (Welfare & Institutions Codes Section 15657.7).
If you hear the clock ticking and want to talk about whether you still have time to file a Los Angeles trust, probate, or estate lawsuit case, or a case of elder financial abuse, call us at Hackard Law. Our number is 213-352-5700. We'll be happy to speak with you.