Legal Question in Wills and Trusts in California

Closing probate & distribution of assets
I am exec. of my mom's estate. Approx. value just over 100k. Letters were issued in March. Her home was left to my husband & I. I sold the house, put the funds in an estate account. All creditors have been paid, personal items distributed as stated in will. The remaining funds are less than sale price of house, can I now write a check to myself & spouse? Also do attorneys hire out to just close probate or assist with? The wording on the final petitions have confused the heck out of me.

Asked on 6/18/07, 6:55 am

2 Answers from Attorneys

Jeb Burton The Burton Law Firm

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Re: Closing probate & distribution of assets

It is advisable that you wait until you have an order of final distribution before you pay out the remainder of the estate and that the waiting period for creditors has expired. Otherwise you could be liable to creditors/unknown beneficiaries of which you might not be aware of.

In answer to your second question, most (if not all) probate attorneys will be willing to take you on as a client purely to close probate or to review what you have done so far (very common). You don't need to go very far to do so, I am sure there is a competent firm in your county/city. If you do not feel so, there are many in San Francisco or Sacramento (such as us) which can assist.

Answered on 6/18/07, 6:48 pm

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