Legal Question in Wills and Trusts in California

administratr accounting for retained funds in partition during probate

I,1 of 5 heirs to estate no will on real property $7,000 in cash in bank

sister is administrator,claimed $8,000 in attorney fees before partition

8,000 during partition $7,000 for reimbursement to estate for funds spent

$6,000 for funds she spent on mortgage that was not claimed or mentione

court advised accounting hearing on 8/9/04, I never received accounting

my notice was blank on back no proof mailing, she high lighted the box

that stated I was not required to attend,then I rceived her affirmation for

discharge I appeared objected and ordered to file objection and serve her

I pick up a copy of accounting filed my objection t her discharge for failing

to account for funds retained, she sent me her declaration stating the

partition is not part of this probate. hearing is on 1/3/05.Question? the

reimbursement to estate is probate does she need to account for partition

proceeds in her accounting? she has filed and declared she sent me

proper notices with proof mailing the court is not checking on this should I

bring my notices to hearing and present them? her attorney fees were for

her not estate is this legal they need explaining Contra Costa County

Probate, going


Asked on 12/25/04, 10:07 am

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: administratr accounting for retained funds in partition during probate

Your question is to scattered to make any sense. The probate judge in Contra Costa County is very knowledgable, and will keep an open mind. You should probably sit down with a probate attorney to get your answers.

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Answered on 12/25/04, 6:19 pm


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