Legal Question in Wills and Trusts in California

accounting

small probate estate with no will, 5 heirs, started in 2000. Final distribution

on waiver of account was on 4/30/01. my sister filed a partition for sale of

property and it finished on 12/15/03. its being probated in contra costa

county.Question? When the administrator files an account will it list and

account for all funds and proceeds and attorney fees even during the civil

partition when it has a different case number. and can an administrator

claim reimbursement for attorney fees she paid for from her own fu


Asked on 1/10/05, 11:44 am

2 Answers from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: accounting

If the final distribution with a waiver of accounting has already been filed why do you anticipate another distribution and accounting? I would expect to hear nothing more from that case. That brings up the question, of course, as to what happened in that final distribution if the house later partitioned was not distributed. What happened? If there is another final accounting without a waiver of accounting then yes, the administrator will account for the property which was partitioned and yes the administrator may deduct fees she paid her attorney from her own funds but she will have to get court approval on the amount.

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Answered on 1/11/05, 9:56 am
Michael Olden Law Offices of Michael A. Olden

Re: accounting

I don't understand your question. There is no accounting at the end of this petition because there's a waiver of accounting. I don't understand what you mean by a partition for sale and I would need many more facts applicable to that as to what the status is of the partition and its relationship to the estate. The only way that you can get any accounting will be one which may not be satisfying to you were none whatsoever from the attorney and or your sister in an or informal basis that I can foresee based upon your question. Very confusing situation in question.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 1/10/05, 12:56 pm


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