Legal Question in Wills and Trusts in California
Administrator not completing accounting for final distribution-stalling
Do I have any way of filing a petition to expedite the final accounting resulting in the final distribution of my mother's estate? Or, would I have to file to remove Administrator? I believe that administrator (ex-brother) is stalling knowing that it will create a hardship on me. House closed escrow Dec. 7, 04 and no draft for final distribution has been completed. No real reason except for accounting issue that is still not resolved. Do I have to have an attorney file or can I as the beneficiary? Thanks you.
2 Answers from Attorneys
Re: Administrator not completing accounting for final distribution-stalling
At least 4 months must have passed since the administrator was granted "Letters", which is the right to administer the estate, before there can be an accounting or a distribution.
Re: Administrator not completing accounting for final distribution-stalling
If a petition for distribution/final account isn't filed within one year from the date the letters of administration were first issued, the administrator must offer a good explanation or risk a surcharge against him/her for not closing the estate in a timely way. If it's not filed soon, you can also file a petition to compel account to force an accounting from him.
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