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Received residual. How to find out if it's correct or not.

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davethewave2021

New member
California..I'm a beneficiary of a will, that was distributed a year ago..Last week I received A check for what was left over, and noticed it was from my attorney. I called the Estate attorney to ask him why and he said it was because he couldn't get ahold of me (which is B.S. because he has my address). I didn't get anything that shows how much the distribution is, just the check.
I don't trust either of these attorneys and would like to know how to get the official information of this final distribution.
 


adjusterjack

Senior Member
Check the probate case file at the court. There may be something in there as to the disposition of the assets.

If not, then ask the attorney for it.

If he doesn't produce it, report it to the state Bar.
 

zddoodah

Active Member
Last week I received A check for what was left over, and noticed it was from my attorney. I called the Estate attorney to ask him why

I'm going to start off by noting that it's extremely strange that your attorney wouldn't have explained this and for you to have called "the [e]state attorney" rather than your attorney. Also, I assume "the [e]state attorney" means the attorney who represented the executor/administrator of the estate.


I didn't get anything that shows how much the distribution is, just the check.

Since the check obviously shows how much the distribution was, what more might you want?


I don't trust either of these attorneys and would like to know how to get the official information of this final distribution.

I don't know what you mean by "official information."

For starters, you didn't identify the relevant state. Second, you didn't mention whether the administration of the estate was or wasn't court-supervised.

That said, normally, when a court-supervised estate is nearing the end of its administration, the executor/administrator will file an accounting with the court. The accounting will show the value and character of property of which the executor took possession/control, the expenses paid, the amount available for distribution, and proposed amounts to pay to each legatee. The executor will ask the court to approve the accounting and order that, upon final distribution, the executor (and any bond he/she may have posted) will be discharged. Additionally, accountings will generally provide for the executor to retain a certain amount to cover unexpected expenses, with that amount being distributed in the same manner.

If the estate of which you are a legatee was handled in this manner, you may already have the supporting information. Regardless, the way to get whatever information you seek is to ask the person(s) who have it. In this case, that would presumably be the executor and/or his/her attorney. It's also possible that relevant information is in the probate court file.


If he doesn't produce it, report it to the state Bar.

Please don't do that. Just because an attorney doesn't produce requested information doesn't mean he/she has violated some state bar rule. If an executor's attorney doesn't produce information that he is obligated to produce and doesn't have a good reason for not producing it, the appropriate remedy would be filing a motion or petition with the probate court.
 

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