Legal Question in Wills and Trusts in California

Hello, My brother in law died nearly two years ago but didn't have any assets to speak of, however the family knew his estate would inherit some money when the sick father died. They opened a probate right away and creditors sent in their claims; the probate is still open and now his estate is about to get his share of inheritance-about $240,000. Will the executor of his estate be able to pay bills right away and pay the estate lawyer and also himself for expenses too or is there still a waiting period in probate before any of the money can be spent?


Asked on 12/07/10, 1:36 pm

1 Answer from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

The answer is probably no. In a probate the executor and his counsel cannot get paid until the court approves their fees. That approval generally comes at the end of the probate so unless they obtained early or interim approval, they probably can't pay themselves. On the otherhand, if this is all that the executor was waiting for and everyone is in agreement, it should be a relatively simple process to obtain the Court's approval to close the estate which would inlcude paying any fees and making distributions to the beneficiaries.

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Answered on 12/14/10, 9:01 am


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