Legal Question in Wills and Trusts in California
Contesting Final Distribution
Fathers' estate has a set date for final distribution. Executor and probate attorney are claiming that it is his separate property when in fact, it was community property. Creditors claims ended in April and I did not receive a copy of my mother's documents which were never filed until after that date. The assets are being poured over into a trust. Can a contest or petition be filed if I show up in person at the hearing for final distribution.
2 Answers from Attorneys
Re: Contesting Final Distribution
go and get a real attorney who is an expert in probate litigation now, yesterday you do not have the luxury of time on your side and you need to tell him/her all of the facts and dates and answer all this their questions immediatly
Re: Contesting Final Distribution
If you have grounds upon which to contest these proceedings, they should be filed as soon as possible and you should not wait until the date set for final distribution.
If you are unable to file anything before then, and have reasonable grounds upon which you intend to contest, then as a last resort you should show up on that day and state your objections to distribution and seek a continuance so you can file objections.
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