If I have a probate case but the administrator of the estate can’t be trusted, what can I do after the final counting if they refuse to give me my money?

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If I have a probate case but the administrator of the estate can’t be trusted, what can I do after the final counting if they refuse to give me my money?

Asked on October 11, 2012 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Are you listed on the final accounting?  If so, then you must receive your distribution from the estate.  If you are not listed, then there is a problem that you must address immediately.

The administrator cannot close the estate until he or she has proof that all claims have been paid and all distributions have been made.  This usually requires a receipt from the creditor or beneficiary.

I suggest that you call the Probate court where the estate is pending.  Tell the judge's assistant what is happening and ask who you can talk to about it.  At a minimum, get the name of the attorney who represents the estate/administrator and call that attorney.  If this does not satisfy you, you need to speak with a probate attorney in your area who can track this down.

 


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