Three issues related to my father's death. He died intestate in California more than 10 years ago. There were no known assets at the time, a...

Question

Three issues related to my father's death. He died intestate in California more than 10 years ago. There were no known assets at the time, and probably some credit card & medical debt. In past 2 years, the surviving children have found some intellectual property rights (copyrights) for books he published during his lifetime. While the asset value is somewhat questionable unless the books are reprinted, at least two publishers have made tentative offers for both known published works. There is also one complete work which is unpublished.

Probate filing in California is $2500, publishers are offering nowhere near this amount. So what happens to the copyright if the asset is not probated, and do any new monies have to stand for the old debt which is now probably outside the statute of limitations for collection?

Answer

I think your question involves probate law more than it does intellectual property, and there are probably more LawGuru lawyers who received and answer probate-related questions as well. Therefore, I suggest you re-ask your question under that heading, or something resembling probate law such as 'wills, trusts and estates' or 'administration of estates' where it will be referrred to more lawyers and lawyers with more knowledge of the subject.