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New Assets Found After Probate Closed

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freedomwon

Junior Member
What is the name of your state? CALIFORNIA

I am an Heir to a Intestate Probate that Settled and Closed 5 years ago.
A few days ago, 2005 of August, an Asset Locator has found a Trust Account with funds on record. I became alarmed because the Administrator assured me that he had performed a complete Asset Check while the Probate was active.

I performed a light weight Asset Check and to my ultimate horror there was a
significant amount of Assets (cash) Escheated to the State in addition to the Trust Account Discovery. Here is my problem. I don't know if it's pride, denial, or maybe retardation has set in, the Administrator refuses to speak to me about these discoveries or co-operate with my inquiries. Where do I stand legally?

Does this discovery constitutes "Finders Keepers" and I may start recovering what the Administrator failed to do? Or...should I retain an Attorney and sue the Attorney on Record as well as the Administrator for laying waste to the Estate for failing to perform Due Diligence of Asset Discovery?
 


BelizeBreeze

Senior Member
Your first step would be to speak with a local probate attorney about reopening probate for the newly discovered assets.
 

Dandy Don

Senior Member
First check with the Unclaimed Property Department to see if this administrator or anyone else has filed a claim for this money. If administrator has filed a claim, then your getting an attorney would be useless. If administrator has filed a claim, she will have to distribute this money to heirs as the will instructs, but it sounds like she is not even interested in this money for some strange reason.

You have the right to claim it, but they are going to give first right of refusal to the administrator since she is the person legally authorized to claim this money. Try to find out from her if she is going to be filing a claim for it.

A lawsuit would not be wise--even the best administrator is not always privy to the asset information of the decedent.

DANDY DON IN OKLAHOMA ([email protected])
 
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Dandy Don

Senior Member
Go ahead and file the claim with the unclaimed property department and see if they will approve your claim. If you provide a copy of the will with your application that shows you are sole heir, they may go ahead and pay you without going through the administrator.

If they tell you that the administrator must file for the money, then you may have to consider asking her to sign a statement that says she is not interested in claiming it (if in fact she is uncooperative) or you may have to sue her in civil court.

DANDY DON IN OKLAHOMA ([email protected])
 

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