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
2 Answers from Attorneys
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.
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.