Legal Question in Wills and Trusts in California

Partial distribution before Probate is finished

My sister is executor of my mother's estate. She needs money for her daughter's tuition and asked the probate attorney if she could take the money out of the estate account. The attorney told her she could if she gave all of the beneficiaries the same amount. The probate is not finished. In fact, all the paperwork has to be redone because someone was named as a beneficiary that shouldn't have. It is my understanding that no money is to be distributed before the judge signs the Petition for Final Distribution. I don't trust the attorney because she should have known the other beneficiary should not have been added in the first place. Is it legal to partially distribute the funds before the judge signs the Petition?


Asked on 7/15/09, 11:01 pm

1 Answer from Attorneys
Frankie Woo Fiducia Legal

Re: Partial distribution before Probate is finished

A preliminary distribution can be done if all parties agree to it, but it is rarely done because it involves more work to keep track of the disbursements and who received what. So, for expediency, most attorneys handling probate will wait until the Judge approves the Petition for Final Distribution.

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Answered on 7/16/09, 5:23 pm


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