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I Need Help With Questions About Probate...

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ctcl

Guest
What is the name of your state? CA


I'm the executor of my mother and stepfathers' estate which is in probate and has been for 2 years this month. Along the way I have borrowed money to siblings for personal things and have had to use some myself for a move that my own family made during this time. Now it's almost time for all the paper work to be submitted to the court and none of the siblings have paid back any of the money that was borrowed. I know that I can just omit it from each of their portions and we all have no problem with that but I'm afraid that they've left me out to dry right before I have to turn over my paperwork to the court. Am I in trouble??? I feel like I'm being pressured to finish this by the court, do I have to do this on their time schedule? Siblings aren't pressuring me why is the court? There is still a life insurance policy that I just recently found and it has not been collected on why is the court rushing me? All debts have been paid and I'm taking care of everything as it comes along, do I have to hurry?
 


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I AM ALWAYS LIABLE

Senior Member
ctcl said:
What is the name of your state? CA


I'm the executor of my mother and stepfathers' estate which is in probate and has been for 2 years this month. Along the way I have borrowed money to siblings for personal things and have had to use some myself for a move that my own family made during this time. Now it's almost time for all the paper work to be submitted to the court and none of the siblings have paid back any of the money that was borrowed. I know that I can just omit it from each of their portions and we all have no problem with that but I'm afraid that they've left me out to dry right before I have to turn over my paperwork to the court. Am I in trouble??? I feel like I'm being pressured to finish this by the court, do I have to do this on their time schedule? Siblings aren't pressuring me why is the court? There is still a life insurance policy that I just recently found and it has not been collected on why is the court rushing me? All debts have been paid and I'm taking care of everything as it comes along, do I have to hurry?
Click to expand...

My response:

You have nothing to fear from the court concerning the allotments you made to your siblings or to yourself. Just subtract those amounts from their final inheritances.

You do have to fear the "Fast Track" system of the court, however. The court is on a Statutory timetable to complete all litigation, including probate matters. Don't screw with the court, or you could wind up in Contempt of Court for failure to timely do your job, and for holding up the court process insofar as this file is concerned.

Who is the beneficiary of the Life Insurance Policy? That policy, by the way, IS NOT a part of the Probate. The money goes directly to the beneficiary.

IAAL
 
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