Legal Question in Wills and Trusts in California
Question, in California:
A person dies, no will, no family and the public administrator steps in;
The PA's office empties the decedent's bank accounts
Then an heir is found, who is appointed Administrator (full powers).
HOW can PA's office spend all the money...(the bulk of it on themselves)
1) without having been appointed by the Court;
2) without obtaining Court approval to take & keep the $$; and
3) without filing a creditor's claim
I thought you had to either be appointed by the court or at least have Court approval before you keep any money>
1 Answer from Attorneys
You can petition (ask) the probate court for an accounting by the PA, who will produce one in short order. I am sure that, without knowing more, a probate judge would be interested in the answer to your question. Certainly a non-governmental administrator such as yourself would be subject to the requirements of the Probate Code.
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