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Probate Distribution


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#1 Soullady

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Posted 07 January 2013 - 03:32 PM

This issue has happened in California. A family member passes away and the executor of the estate paid a beneficiary of the $1000 that she was due per the will. I'm not sure if this will was ever probated and now over two years later the executor is stating there is no estate (meaning no money in the estate) and therefore requesting the money to be returned. Does it have to be returned? A little backround info, there was a car that executor is still driving and was worth more than 1K at the time of death. Also some money, but can't be proven and property which was part of a disbute with another beneficiary. That bene got the house and the executor will be paid $20K by the second bene.

Thanks for your help.

#2 adjusterjack

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Posted 07 January 2013 - 04:34 PM

This issue has happened in California. A family member passes away and the executor of the estate paid a beneficiary of the $1000 that she was due per the will. I'm not sure if this will was ever probated and now over two years later the executor is stating there is no estate (meaning no money in the estate) and therefore requesting the money to be returned. Does it have to be returned? A


Not until a court of law says so.

And whether the executor has any grounds for that depends on a variety of factors that probably cannot all be addressed here.

If the executor makes an issue of it, the executor's own feet could be in the fire due to misfeasance so he has to consider the fallout of admitting he made a mistake in distributing the money.

A little backround info, there was a car that executor is still driving and was worth more than 1K at the time of death. Also some money, but can't be proven and property which was part of a disbute with another beneficiary. That bene got the house and the executor will be paid $20K by the second bene.


No way of knowing if any of that is even relevant.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 08 January 2013 - 07:48 AM

A family member passes away and the executor of the estate paid a beneficiary of the $1000 that she was due per the will. I'm not sure if this will was ever probated


If it wasn't probated, then the person you identified as the executor cannot have been the executor since a person cannot be an executor without having been appointed to serve in that capacity by the probate court.


now over two years later the executor is stating there is no estate (meaning no money in the estate) and therefore requesting the money to be returned. Does it have to be returned?


It doesn't "have to be returned" unless a court orders that it be returned.


there was a car that executor is still driving and was worth more than 1K at the time of death.


Not sure what this has to do with anything (even if we do assume that the car was owned by the decedent when he/she was alive).


Also some money, but can't be proven and property which was part of a disbute with another beneficiary.


This sentence is completely unintelligible.


That bene got the house and the executor will be paid $20K by the second bene.


I have no clue what this means or what it has to do with the question you asked.

Basically all you've told us is that Person A died; that Person B (who is apparently nominated in Person A's will to serve as executor of A's estate and who may or may not actually have been appointed to serve in that capacity by the probate court) gave Person C $1k pursuant to the terms of Person A's will; and that Person B is now telling Person C that he/she must return the $1k. You provided no facts that would allow anyone to address whether Person B's demand is valid, and all of the other facts you provided appear to be completely irrelevant.

I assume that you are Person C or someone posting on behalf of Person C. Obviously, Person C needs to ascertain whether probate was filed and, if so, to obtain copies of all relevant paperwork. Retaining an attorney over $1k isn't terribly practical, so Person C will have to decide for him/herself whether to pay the money back or deal with the possibility that Person B may sue him/her.

#4 Guest_FindLaw_Amir_*

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Posted 10 January 2013 - 01:07 PM

To learn more about this subject matter, you may visit the Estate Planning Center: Probate and read The Probate Basics as a good resource.




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