Legal Question in Wills and Trusts in California

It was discovered that my recently deceased father had not probated his fathers' estate. While his fathers' estate is in probate, who owns the property; And is it proper for my fathers' estate to be paying bills of his fathers, rather than those funds coming from within each individual estate?


Asked on 2/16/11, 10:25 am

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

It's better to keep the estates separate, especially if there are other heirs or beneficiaries you'll have to account to at the end of the probates. If one estate doesn't have enough funds to cover its bills, the other estate may be able to lend money to it, but it means keeping good records for the estate accounting later.

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Answered on 2/16/11, 11:02 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Unfortunately you will probably need two probates, one for your father and one for your grandfather. Someone will have to be appointed as the executor of each estate (it can be the same one). Each estate will have its own assets (until they are distributed pursuant to an order of the Court) and each estate should pay its own expenses. If there are insufficient cash assets in one of the estates it is sometimes possible, depending on the facts and circumstances, to loan money between the estates. I suggest that you sit down with a lawyer as soon as possible to discuss all of this. If you would like to schedule an appointment, please feel free to call me ant 310.478.2541.

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Answered on 2/16/11, 11:57 am


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