Q: If the exector was never appointed on an estate and passed away before ever filing an accounting never giving me notific
Just to sneak 2 court through a spousal property petition that was based on only two bank accounts and my father's businesses names which I believe to be accounts that receive money every month for mortgages. How is it that my mom was never appointed because I showed up in court to show my interest in his estate in her lawyer withdrew the case which was already the second hearing in this particular hearing was for her to be appointed on his estate in the property petition based on the two bank accounts that was supposedly approved two weeks prior to this hearing but was never signed until the hearing to administer the estate and it was only signed with awarding her 50% as I expressed concern over the existence of a trust in me never being provided a copy. I filed a de 154 and believe everything was held under deeds in the living trust it appears they've maneuvered the short sale and assignment of rents processed 4 months after the purchase of the home in eliases of my dad and my grandm
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, if an executor named in a will passes away before being formally appointed by the court and before administering the estate, the probate court typically appoints a new executor or administrator. This is done to ensure the estate is properly managed and distributed according to the will or state law if there's no will.
Your situation, involving a spousal property petition, indicates that specific assets, like the bank accounts in your father's business names, were being addressed separately from the rest of the estate. When a spousal property petition is involved, it's often used to transfer community property to the surviving spouse. However, it doesn’t always cover the entirety of the estate, especially if there are separate assets or a trust involved.
If the court modified the allocation from 100% to 50% during the hearing, it suggests a reconsideration of the initial petition, potentially due to the concerns you raised. The fact that you weren't provided with a copy of the trust and weren't notified properly raises concerns about the transparency and the handling of the estate.
Filing a DE-154 (Request for Special Notice) in a probate case is a step towards ensuring you are informed about any petitions filed or orders made in the probate case. This can help you stay informed and involved in the process.
It's important to thoroughly review the terms of the living trust, as well as any actions taken in relation to the estate, like the short sale and assignment of rents. These actions could have significant implications for the distribution of the estate and your rights as a beneficiary.
If there are complexities or potential irregularities in how the estate is being handled, it would be advisable to seek legal counsel. An attorney experienced in probate and trust law can help navigate these issues, ensure your rights are protected, and take appropriate legal action if necessary.
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.
