No Word From Execturos Re: Estate

What is the name of your state? CALIFORNIA

I need additional advice with an ongoing problem re: my father's estate. A quick rundown: my father died April of 2003. My sister and her husband were appointed as executors of the estate on June 2, 2003. My sister and I do not get along and have not spoken in almost 8 years.

Since I had at one time worked for an attorney that did wills and trusts and some probate matters, I realized that it takes some time to work through everything... but my father did not have a large estate, this much I am positive of.

One month ago, I wrote to my sister and her husband asking for an update on matters of the estate's probate. I have not heard anything since receiving the notice that they were appointed as executors last June. For personal reasons, I do not wish to call them, nor do they call me. I have not received any reply. I will be sending another copy of this letter with a new date and will send it certified mail.

Beyond this, what recourse do I have to find out what is going on? I've misplaced the paperwork from the court and do not have the case number, even though I'm sure I will find it. If I find that the estate has been settled and I've never heard anything, what do I do next? I'm not sure why they are not responding, but is my letter something they must answer as part of the executor's duties? I am listed in the will as a beneficiary....

I am somewhat intimidated by them, as my sister's husband is also a high powered attorney here in Orange County, California; and they are worth millions and can easily outmaneuver me, even if I have any recourse and anything "not on the leve" has taken place.

Help!

John

Do you live in or near Orange County where the will is being probated? If so, then you can visit the county courthouse in person to look at the probate file, or call the courthouse to get copies of the entire probate file mailed to you if you don't live in the area, so you can see exactly how the entire estate was handled. Maybe the executors didn't even file the will, or it is possible that debts and taxes may have eaten up a large portion of the estate so that there may not have been much left over for heirs, but that is probably most unlikely.

Do you have any idea as to how much this estate would have been worth? Do you have a copy of the will?

You are right to be concerned, since you should have been contacted by mail if they had a check for you. Didn't you happen to see any mention of the scheduled probate court hearings for this estate in the local newspaper?

Please STOP being intimidated by someone else just because they know the law. If anything improper has taken place, then they must make restitution. First find out exactly what happened and then report the details in a follow-up posting here, and then we can properly further advise you.

DANDY DON IN OKLAHOMA ([email protected])

Update On Probate Matter-court Info Posted - Help!!

STATE: CALIFORNIA

Hello. Here is an update. I have been unable to afford the costs for obtaining a copy of the file for my father's estate, and have not been able to get to the court due to distance and lack of transportation. I have found out that the court where this is filed makes all case information available online, and I found the court records below.

Before I list some things, I must add that a Certified letter sent to the executors (my sister and her husband-who is also acting as her council) was returned again today as "unclaimed" by addressee... I'll post some of the info directly from the info page here and ask for anyone's help in letting me know what is going on.

One other note if interest, on the Notice Of Petition To Administer Estate (hearing was June 2, 2003), my sister and her husband are not listed as beneficiaries, whereas I am?? Is this because they are the executors? Anyway, here is some of the info.... I can post the entire document here if anyone needs more info to help.

Most recent action by the court was just on June 2nd:

06/02/2004 8:00 AM DEPT. CLEI HEARING RE: FAILURE TO FILE STATUS RPT/FINAL ACCT

12/04/2003 8:45 AM DEPT. 2G HEARING ON ORDER TO SHOW CAUSE FOR FAILURE TO FILE AN INVENTORY & APPRAISAL Vacated

10/03/2003 ORDER TO SHOW CAUSE FOR FAILURE TO FILE AN INVENTORY & APPRAISAL

10/02/2003 8:00 AM DEPT. CLEI HEARING RE: FAILURE TO FILE INVENTORY APPRAISAL

There is so much to this... One other odd reference in the court info:

06/30/2003 WAIVER OF NOTICE OF HEARING BY CHELSEA GOMES FILED

What is this? Chelsea Gomes is my sister's daughter. At the time of my father's death, I "believe" she was under 18. As well as my sister and her husband, Chelsea was not named on the list of Creditors & Beneficiaries. I believe she has since turned 18, but not sure why she would have to file a waiver, and what for?

Is there any info here that I've supplied that means anything? I guess one question has been answered that the estate has not been distributed.

Anyway, please any help! At least thanks to the internet I've found out what is going on to an extent....

Thanks again,
John

Could it be possible that Chelsea's parents have temporarily gone "missing" after running off with more money than they were entitled to? You are at a disadvantage because you are not officially in contact with the executor--do you even know how to call Chelsea?

You are making a big mistake by not getting a probate attorney in the same county where the estate is being probated to at least go to the courthouse and see what is going on with this estate. Do you even know how much you are going to receive as a beneficiary?

Please mention the website where you found the court records and the name of the decedent, or send it directly to my e-mail address if you prefer.

Their failure to file status report and inventory is an indication that they may be trying to keep certain assets secret and are certainly not fully complying with the court. You need to be asking your attorney if their failure to provide you information as a beneficiary is enough cause for them to be removed as executors and replaced with someone else.

Don't let your lack of money stop you from getting your own representation. Plead your case with several attorneys until you find one who is sympathetic and if you explain you will be paying from the bequest you receive, I'm sure someone will be willing to help you.

DANDY DON IN OKLAHOMA ([email protected])