Legal Question in Wills and Trusts in California

Waiting period

My parents passed away a few months ago and I was wondering how long it takes for the estate to be settled. All bills have been paid. Is it a must to file a will? One family member refuses to settle the estate stating that bills have to be paid. We have looked into this and all bills have been paid. What recourse do we have? Do we have to hire an attorney to address a letter of inquiry to their lawyer or can we simply send a letter as a beneficiary of the estate? Thankyou for your time.


Asked on 7/22/99, 6:44 pm

1 Answer from Attorneys
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Waiting period

You do not say whether there is a probate court proceeding pending. If so, it may take 9-12 months to complete, although under certain circumstances preliminary distributions before that can be made. If no probate estate or it is a living trust being admninistered it is reasonable to wait until all the bills are ascertained and paid. This could be a few months. I think it is fair to contact the lawyer and ask for a status report on the administration. You might try a formal letter if a telephone call doe not work. If it is a probate you can check the locak court files to see part of what is going on.

Read more
Answered on 7/23/99, 5:41 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California