Legal Question in Wills and Trusts in California

My aunt who lived in San Francisco passed away in Dec '09 with a will. Her will was admitted to probate in March '10. My aunt had a condo that was sold in Feb '11. We are still waiting for distributions. I might add that in NY (where I live) we are in the midst of 2 estate litigations that have been long simmering. I'm afraid the attorney and my brother who is the executor of my aunt's estate are holding distribution up until this is resolved here in NY. How can we get them to move forward. I hear many excuses - but no action. Will writing to the SF court judge do any good? I would rather not hire an attorney in SF but will if I don't get distributions soon. Also, I would like to see the accounting for this estate. Do I have to wait for them to file the papers first? What is the best way to approach this?

Thank you.


Asked on 5/17/12, 8:29 am

4 Answers from Attorneys

Hire an attorney and have them file an OSC (order to show cause) why the estate hasn't been closed. Maybe also file to remove the Executor but probably not. Accounting will come at end. Good luck. -John

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Answered on 5/17/12, 8:32 am
Michele Cusack Pollak & Cusack

If you aren't ready to hire an attorney, you can try writing to the executor's attorney and ask for information re: administration of the estate and for an estimated time for distribution.

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Answered on 5/17/12, 9:02 am
Kurt Seidler Law Offices of Kurt A. Seidler APC

You might try to see if the file itself is available for viewing online- that would answer a lot of questions, particularly the various minute orders showing what happened at court.

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Answered on 5/17/12, 9:08 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I agree with the previous attorneys. You are most likely going to need to hire an attorney. While the executor probably has the authority to retain some funds to see the NY litigation through, you and other beneficiaries may be entitled to at least some distribution of the estate. As Mr. Seidler states, you may be able to view the file online. The San Francisco Superior Courts make most of the files available for viewing online. I would also add that, in addition to the advise above, you should make a written demand to the executor's attorney for an accounting. As the estate did not close within a year of the Probate, there should have been yearly accountings made. These accountings are also called "interim accountings". You should have been notified as to the hearing on such accountings, but, again, you can check the court's website to see if these interim accountings were prepared.

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Answered on 5/17/12, 10:15 am


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