Q: What is the most common reason a judge on a probate case hearing a family allowance request deny the request.
Filed a petition for family allowance, California Probate code section 6540. Judge denied but reason not stated. What does that mean? How do you know what was needed, documentation, witnesses or other to have it granted. If I borrowed money for maintenance will using the retroactive be allowed so I can pay back those loans. If for several months been without any maintenance can you apply only for this. Can the executor who is the loaner say you have to do this to get things paid for again even though the executor knows there is no money to loan
A:
In a probate case, the most common reason a judge may deny a family allowance request under California Probate Code section 6540 is due to a lack of sufficient evidence or documentation supporting the need for the allowance. To have the request granted, it is crucial to provide clear and compelling evidence of the financial necessity for the allowance, including documentation of expenses and financial hardship.
If you borrowed money for maintenance and can demonstrate the financial need for retroactive family allowance to repay those loans, it may be considered by the court. However, retroactive allowances are subject to specific legal requirements and limitations.
You can apply for family allowance for the period in which you were without maintenance, but you must present evidence of the financial hardship and the need for the allowance during that time.
The executor cannot unreasonably withhold the family allowance if it is warranted based on the evidence provided. The executor's role is to administer the estate properly and follow the court's orders, which may include granting a family allowance if justified.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
