Riverside, CA asked in Probate for California

Q: My mother passed away and my brother owed her 10 grand he is also the administrator of the estate what can I do to petit

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1 Lawyer Answer
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Oftentimes a Will will cancel debts owed to the estate. If your brother is the administrator (not the executor of the Will), then this suggests there was no Will. Proper administration of the estate requires that your brother prepare an inventory, accounting, and request final distribution by way of Petition to the court. You can object to the final distribution and accounting if he omits the debt he owes the estate.

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