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Receiving what was given

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Tisyeppers

Junior Member
What is the name of your state? California. What must you do to make sure the Administrator is (with limited authority) is following the courts rules and not distributing or selling the estate? What does the receiver (not blood and decedent died intestate) do or file to make sure that person is heard and receives what was given. Decedent did not want the Administrator to have anything to do with his estate, either by probate or through decedent's brother (her husband). Decedent died in 7/2006. His brother just died three weeks ago. How does someone make sure decedent's requests are honored-kept?
 


tecate

Member
Tell us more about what you mean by "receiver" and what status this person has. Is this person an intestate heir? If not, why does this person believe he or she succeeds to some or all of the Decedent's property.

FYI, hundreds of years ago, England enacted the Statute of Wills, because of the situation you face: how to prove to a court what a dead person wanted. The solution was a written will, conforming to legal requirements. Without one, the state infers what a Decedent wanted, under the laws of intestate succession. California continues this in the Probate Code.

IF you have standing, you might review the Probate Code provisions on what powers an administrator has generally, and with limited powers under the Independent Administration of Estates Act. Each of these has lots of detailed provisions. There is lots of material on the web, in law libraries and in book stores that you can look at to learn about what you can do to oversee what a personal representative does, what powers he or she has without court permission, and what you can do to limit them.
 

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