Legal Question in Wills and Trusts in California
Accounting of Estate
Mom dies last August, three sons A B C - son A is notified of death and goes to house and clears out papers. Send change of address to all corespondence. Then tells B and C about death. Sez he is executor of will and that it is to be split 1/3 to each. Supposedly $33,000 in cash , the house worth about $100,000 and a car worth about 6,000.
Son C moves into home in Oct- A's attorney sends paperwork entitled ''Waiver of Accounting and Petition for Final Distribution'' sets hearing for mid august. Meanwhile brother B and C have good reson to think that there was more money in bank than $33,000. Also A is being vindictive and evicting C from home to sell it even though C is now in Chapter 7 Bankruptcy. What can be done to see the bank records. The petition has not been signed by B or C Any help would be appreciated. This is most upsetting.
Thank you
2 Answers from Attorneys
Re: Accounting of Estate
A says he is executor of estate. Okay, then he must furnish you with an accounting from the date of death. First thing you do is write a nice letter to A asking for an accounting. He or she will blow you off. Now you must file a motion for an accounting. Very simple. Not much money. Check with attorneys in your area, it's not much money.
Re: Accounting of Estate
If you don't sign the waiver of accounting, he must file one--the court normally can't order a probate closed and assets distributed without an account by the executor. The bank records are not usually part of the filing, but you may want to press his attorney for some proof of the bank account balances at the date of your mother's death.
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