Legal Question in Wills and Trusts in California
End of Probate
Once probate has closed or is finished, can it be re-opened?Once all monies are disbursed and there is no more money in the ''estate'' being probated, can the estate be audited? We are 4 beneficiaries. I am one of two Co-Executors. Three of us have loans against the estate. Only the other Co-Executor does not have a loan. There was no interest ever charged against we beneficiaries (4 natural children) as our parents ''gave'' that assistance by choice. Can the one with no loan sue any of us for the ''loss'' of value to the estate because no interest was ever charged? Can a lawsuit be filed against us for this, after close of probate? I want to itemize my loan because I only borrowed $2000 but my former deceased husband borrowed $18,000, (which benefitted me, no doubt), and my son borrowed $18,082. I wish to show my portion as itemized for fear that I can be sued for the uncollected ''interest'' on the full amount. Is there another solution? The other 3 beneficiaries will not allow me to itemize my loan portion. I am afraid of them, even though they have loans of significant amount as well. Can I agree to list my loan in total to the court referee, if I have them all sign beforehand that they will not sue me for uncollected interest?
2 Answers from Attorneys
Re: End of Probate
these numerous and complex questions should be directed to the attorney who represents you in the probate proceeding.
Re: End of Probate
yours sounds very much like a question recently asked of this pannel and answered by a few attorneys -- the advice of my fellow attorney is the advice you should take and look up the old question as to atempting to split a claim aganst the estaest when it was in progress
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