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After probate closes on an estate & ALL the beneficiaries that inherited something have ALL died. The only remaining alive are t

San Diego, CA |

..are the contingent beneficiaries of the residuary whom are also the very last of the family members of the deceased. The contingent beneficiaries went thru the accounting & have found MANY concerns of possible fraud in the accounting, such as, a safety deposit box with the amount 0 next to it & also says its sitting in the Public administrators office labeled #4 yet never ever mentioned again thru out the accounting & foriegn currency account with a 0 next to it, & MANY MANY other concerns besides just these. Since ALL the beneficiaies that inherited have ALL died & the only remaining beneficiaries that got NOTHING are left. What should they do about the accounting concerns? What can they do now? Thnx~

Attorney Answers 1


It is difficult to tell from your discription, but it sounds as if this is an intestate proceeding with the Public Administrator as the administrator to the estate. Under the laws of intestate succession there is always someone entitiled to be the beneficiary - whether those persons exist or can be located is another issue. You say that there are "contingent beneficiaries." Contingent on what? If all of the original beneficiaries are deceased, the persons who would succeed them are the persons who have an interest in the accounting. As such they can file objections to the account with the court..-+

DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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My Sister & I are the contingent beneficiaries to the residuary. The 1st beneficiary to it died soon after he got it. The former ex~non adopted stepson that frauduently took our Dads estate from us & the 1 i'm concerned about here my Aunts estate too... He is also an attorney here in Washington state. We didn't have a prayer. My Sister & did not even get a notice of our Aunts probate hearings back when the public administrator/& bank of america as executor were suppose to of by law. We were suppose to of recieved the other 50% of the residuary yet for some reason(fraud!) the charities got our half!! I think I just figured out why though, & I just recently discovered this as of yesterday...On the order approving settlement of Will contest there's a couple of things I am concerned about, the 1st one being, the order approving settlement form lists 4 charities & then shows 5 on the final distribution papers?!! Also where it shows contestants & just under the courts heading, it shjows my unle as the 1 who is the contestant but yet on the fotrm it says it was a will contest of the charites..??!! Then where it shows those names of the charities "4" are listed & on the final distribution papers it lists 5!! Not 4 but 5!!>??>!! Do I have a right to be concerned here sir? Thnx~

Bert Z. Tigerman

Bert Z. Tigerman


Much too complicated to be able to respond. Apparantly there is a long histroy (including litigation) here. All that I can suggest is that you consult with probate attorney as to your rights and conserns.

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