Advice needed please

What is the name of your state? California

I am one of four heirs to an estate here in CA. The eldest brother was appointed executor, but has now passed away. While he was on his death bed, his wife moved the money from the estate accounts to her own -- we're not really sure how this was pulled off, but it was.

Now, we have informed the attorney, and he hasn't gotten back to us since then, but we're not sure what to expect at this point. Any clues as to what we should expect would be greatly appreciated.

Thanks.

You need your own attorney to look into this, since the estate attorney may not be totally unbiased if he was hired by the wife to handle the estate. Do you know how much money was in the estate account or have you looked at the probate court files to see if there might be any mention there of the value of the estate or what might have possibly happened? As a surviving spouse she is entitled to a certain portion of the estate.

Your attorney can investigate and find out exactly what happened and whether it was proper or not.

DANDY DON IN OKLAHOMA ([email protected])

jdz said:

What is the name of your state? California

I am one of four heirs to an estate here in CA. The eldest brother was appointed executor, but has now passed away. While he was on his death bed, his wife moved the money from the estate accounts to her own -- we're not really sure how this was pulled off, but it was.

Now, we have informed the attorney, and he hasn't gotten back to us since then, but we're not sure what to expect at this point. Any clues as to what we should expect would be greatly appreciated.

Thanks.

Click to expand...

Someone - you or one of the other beneficiaries would be a logical choice - petitions the court to be appointed as successor personal representative. Once appointed, the successor personal representative kindly asks brother's wife to return the money to the estate.

If the wife refuses, the successor personal representative unleashes the wrath of the court upon her.

Dandy Don said:

You need your own attorney to look into this, since the estate attorney may not be totally unbiased if he was hired by the wife to handle the estate. Do you know how much money was in the estate account or have you looked at the probate court files to see if there might be any mention there of the value of the estate or what might have possibly happened? As a surviving spouse she is entitled to a certain portion of the estate.

Your attorney can investigate and find out exactly what happened and whether it was proper or not.

DANDY DON IN OKLAHOMA ([email protected])

Click to expand...

The attorney handling the estate was the attorney of the deceased previous to being hired by my uncle (the one who passed away). His wife is not the client.

The newest developments, however, seem to change the complexion of things. The funds moved from the account I mentioned were not admitted to probate in the first place and therefore seems to keep her in the clear. One of the other heirs isn't buying it though and is threatening to contest everything regardless. He's been asked to knock it off but who knows if he will or not. The attorney has contacted all the parties and will still evidently be handling the estate, and since the money that was moved wasn't in probate anyway, we won't have to forfeit the surety bond.

Are you saying that the funds were not estate funds but belonged to your uncle?

seniorjudge said:

Are you saying that the funds were not estate funds but belonged to your uncle?

Click to expand...

That's correct. These funds were not admitted to probate.


p.s. Thank you to all who have replied so far, and to those who will reply. I'm grateful to you
big time.

New Client

If the attorney is still "handling the estate" who is his/her client?

Presently, the attorney representing the estate now is staying on until he files the accounting of what my now deceased uncle had control of as executor. The attorney has said he would represent the successor if all beneficiaries agreed.

We apparently are going to have a battle over who the successor is going to be.

Can anyone explain what the process is and what to expect?

If you plan to DIY this, look at your local bookstore or Amazon for California specific how to books on probate.

It is not clear from your postings whether there was a will, but the term "executor" in California means there was.

The person or persons who want to succeed and are named as successor executors under the will will be filing form petitions to have themselves appointed by the court. If an interested person doesn't like the petitioner, her or she objects at the hearing, and the litigation begins. Unless there is a good reason why the court should deny a petition, the court may very well appoint all of equal standing under the will, or if it looks like they will be fighting, perhaps an independent administrator CTA. If there is no successor executor wanting to act, then the standing is the same as if there were no will. Look to Prob Code Section 8441 for info on administrators CTA and the statutes around it for info in general.

Good luck

Ouch, that doesn't look good.

There's one family member who is insisting on being the successor, and has stated that he will object to *anyone* else being the successor. Pretty much everyone else in the family will object to him being the successor since he has a very poor history with the family's money.

So, let the litigation begin!

Thanks for the info.