Legal Question in Wills and Trusts in California
Discharge of administrator of estate
I, 1 of 5 heirs to small estate no will, administrator is my sister also 1 of 5
heirs to estate. letters were signed 6/1/00, final distribution on waiver of
account on 4/30/01, partition for sale of property finished on 12/15/03. I
wrote letter to court stateing no distribution was made. good cause
appearing court orders administrator to report status UMO 2/26/04, then
pro-tem judge advises accounting, then continuance, on 9/8/04 accounting
denied (not in proper format) review was dropped from calendar.no
pending hearings until administrator files affirmation to discharge.
affirmation was returned to her asking for more information on distribution
of estate. administrator sent letter back to court requesting the court refur
to the letter she filed 4 months back and states the info you are
requesting is there. hearing in on 11/4/04 for her discharge. I believe her
her requesting the court to look back on old filed documents is totally in
bad taste there are a lot of documents missing from her account of which I
have. she refuses to give any more info, will she be cited or
1 Answer from Attorneys
Re: Discharge of administrator of estate
Please note that the end of your question appears to be missing. It is not inappropriate for a pleading filed in a case to refer to a previously filed document, as long as it is identified for reference purposes.
However, in order to fully and correctly answer your question a review of the court file would be necessary. In addition, I cannot determine from your question whether or not you have an objection to discharge based on 1) failure of the administrator to distribute assets (you didn't receive your share)or 2) failure of the administrator to follow proper court procedure (you received your share). In either case you have the right to object to discharge and should appear at the hearing to state your reasons. In probate court it is preferable to file a written objection or opposition before a hearing, but it is not always required.
Finally, there are undoubtedly local rules which may affect this issue and hearing. I cannot determine from your question which Superior Court is hearing this matter.
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