Q: My question is what can I do to get the addminsitrator to pay us our part of the estate?
My uncle died leaving the five of us 287,500. On 3-30-17 the Judge in SF Calif orderd ex parte petition for final discharge and order filed by personal representative.
We still have not been paid, its been a year. I'm pretty sure she is leaving the money in the bank to make more money over the 287,500 that she can pocket.
A:
Dear San Francisco:
I'm not sure what is going on with your case, as an ex parte Order for Final Discharge is normally only granted after all the distributions are made and receipts provided to the Court. Are you sure you are not talking about an Order for Distribution, which would authorize the administrator to distribute the estate to the beneficiaries?
If it has been a year since a order for distribution was entered and you have not received your distribution, you may petition the court and request an order requiring the administrator to make the distributions. You may even be able to request that the administrator pay interest due to the delay and cover your attorney and filing fees.
I recommend that you speak with a qualified probate attorney, who can better decipher the procedural position of the estate and provide a course of action. Only an attorney, after reviewing the case file, can really let you know what is happening with the estate. Good thing here is San Francisco County Superior Court Case files may be viewed on-line.
If you do not know where to find an attorney, you may try your local county bar association. Most county bar associations provide a lawyer referral and information service. The service matches you with an attorney who provides a consultation for a low or no fee.
Gerald Barry Dorfman agrees with this answer
1 user found this answer helpful
A: I agree with Mr. Last. The final discharge would not have been granted unless the court was convinced distributions had already been made. You should consult with your own attorney right away.
1 user found this answer helpful
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