Probate Code section 9353

EdCThe recent case of  Allen v. Stoddard (2012) 212 Cal.App.4th 807 has highlighted at least one pitfall regarding filing a claim against an estate. The Allen court has pointed out that Probate Code section 9353 (“Section 9353”), which imposes a deadline of 90 days in which to file a lawsuit against an estate on a rejected creditor’s claim, and Code of Civil Procedure section 366.3 (“Section 366.3”), which imposes a deadline of one year to enforce a claim against a decedent for breach of a promise or agreement relating to a distribution from an estate or trust, have conflicting requirements as to a claimant’s time to file a lawsuit regarding claims for breach of a promise to make a will.
Continue Reading Court Clears Up Confusion Regarding the Limitations Period to File A Lawsuit Based On A Promise To Make A Will