Aunt left country before asset distribution!

[lebowski]

What is the name of your state?CALIFORNIA

Re: Probate closing details!

My story to date: Grandma died without a will and we've been in probate for over 15 months. NOW, Final petition was granted "without hearing" on APRIL 20, 2005. My aunt and I are sole beneficiaries of my grandmother's estate. Our probate situation has been adversarial from the start (as she asked me to sign a waiver to give up my share). By the way, This is a sizable estate (hundreds of thousands) to most.

Anyhow, just before final petition was granted my aunt took off for about 3 weeks (she says). Her lawyer dropped this info at the very last minute. My lawyer, myself, as well as her lawyer are to be paid as per court order.

QUESTIONS:

WHAT NOW? Do I just "hope" that she comes back? What steps can I take IF she isn't on the up and up? What are the worst case scenarios? WHAT HAPPENS when administrators don't send assets right away? Help! Thank you, LWhat is the name of your state?

 

[Dandy Don]

Unless she is the administrator of the estate, it doesn't really matter where she goes or what she does, since the checks can still be issued to the beneficiaries.

 

[lebowski]

She IS the administrator!

CA.

Thank you Don for your comments. My aunt is the "ADMINISTRATOR" (with limited authority but nonetheless) of the estate.

So, that's my concern. As in my previous post, my aunt and I haven't been on good terms since this began. She asked me to waive my right to inherit from the start and her and her lawyer have not been easy to deal with.

I'm just asking, "what IF an admistrator takes off (ie, leaves the country in this case) / spends the money/ etc?"
Thanks again, L

 

[Dandy Don]

She still has to provide an accounting for the estate, and hopefully her attorney can help you get access to that if it has not already been prepared or filed.

Get your attorney to find out whether administrator has posted an executors bond for this estate.

But you supposedly signed away your rights to inherit--are you going to now discuss with your attorney how to revoke your previous actions? Are you trying to get whatever you can from this estate?

 

[lebowski]

More details re: my aunt and asset distribution

CALIFORNIA

Hey Don,

Thank you again. Let me clarify a few points...

Re: WAIVER

I did NOT agree to that from the start and that's why this situation got ugly. She wanted the ENTIRE estate to herself, while the law doesn't support that. Her and I are joint heirs (50/50%). I hired a top attorney, taking 15 months and $9000 to save my ...ss!


Re: Final Accounting

We're DONE with all of that already. The last petition was granted weeks ago, so she was supposed to cut us checks immediately. She left though (out of the country).