Legal Question in Wills and Trusts in California

Regarding "NOTICE OF HEARING-DECENDENT'S ESTATE OR TRUST", what does the following language mean? "WAIVER OF ACCOUNT AND REPORT OF EXECUTOR AND PETITION FOR :

1)SETTLEMENT THEREOF

2)PAYMENT OF STATUTORY FEES OF EXECUTOR

3)PAYMENT OF COSTS AND STATUTORY FEES OF ATTORNEY'S FOR EXECUTOR

4) PAYMENT OF FEES FOR EXTRAORDINARY SERVICES OF ATTORNEYS FOR EXECUTOR

5)REFUND OF PORTION OF GRADUATED FILING FEE

6) AUTHORITY TO WITHHOLD CLOSING RESERVE; AND

7)DECREE OF FINAL DISTRIBUTION

If the hearing is set for 12/04/2009 and the estate is being "distributed", how long is typical before a party to the will/estate/trust is notified of their inheritance, if any?


Asked on 10/21/09, 4:34 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

Ordinarily the fact that a person is receiving the notice that you have described means that they have some interest in the outcome, which can include the fact that you are a beneficiary. The best way to get more information is to request a copy of the full Petition (along with the Will or Trust) from the attorney sending out the described notice.

The Notice itself means that on the date of the hearing the Court is being asked to approve a Waiver of an Account and also to approve payment of fees, costs, extra-ordinary services, etc... and to make a decree of final distribution. Anyone objecting would have to file a verified pleading prior to the hearing date.

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Answered on 10/21/09, 5:12 pm


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