Legal Question in Wills and Trusts in California
Final Distribution to Heirs...Who is responsible?
After 10 years in the courts, and a very dirty and hateful law suit among siblings over the sale of some property that was part of estate, the original value being $300,000...now dwindled to a mere $20,000 or so...( because the siblings in control of decedents property used part of the funds to pay their lawyers...a point the judge decided they did not have the legal right to do...)has ended up back in the county office of conservator ship.The last administrator (one of the siblings) veritabley emptied the estate account and rendered a sloppy court ordered report of where the funds went. the judge ruled and a family agreement was signed by all heirs that the sibling at fault was to put back$50,000 into the estate...or have lien on their house remain in place. So far this has not happened, the case seems to be in limbo...who's responsiblity is it to see that final accounting and distribution to all heirs is finally done?
2 Answers from Attorneys
Who's responsible for the final distribution of the estate?
The simple answer to your question is that the executor (or administrator, as the case may be) is responsible for distributing the assets, and enforcing the judgment against the previous administrator.
It sounds like there may be a public administrator now, if the "county office of conservatorship" is involved. They, unfortunately, can be slow-moving because they're so busy.
You may want to check the court file (or have someone check it) to see who the current administrator is. The court file will have the person's name, and their attorney's name and address. You can then contact them for a progress report on your case. If you get no reply, an attorney may be able to force them to move things along--the courts do not like probates lasting longer than a year. However, the court won't know to speed things up unless someone speaks up.
RESPONSIBILTY FOR DISTRIBUTION
IT SEEMS FROM YOUR EXPLNATION THAT THERE IS AN ORDER ALREADY IN THE CASE THAT THE TRUSTEE-SIBLING MUST PERFORM CERTAIN ACTS. IT WOULD SEEM THAT YOU COULD PETITION THE COURT FOR A SHOW CAUSE ORDER AGAINST THE SIBLING INORDER TO FORCE HIM TO DO WHAT HE WAS ORDERED TO DO. THE COURT COULD SURCHAGE HIM AND APPLY SANCTIONS.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
