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If someones estate is under court supervision, What exactly does that mean ? Can the estate be sold? Does the court have control

Dos Palos, CA |

of the estate? Would heirs of the estate be notified if any changes were made? This is in California,,,Please help, any advice would be great !!

Attorney Answers 2

Posted

I assume that the "estate" you refer to is in a probate proceeding. If the decedent left a will the will must be submitted to the probate court and the person desigated as the executor must seek authority from the court to take care of the assets of the estate, pay creditors and taxes if any. The remaining assets are then distributed in accordance with the will provisions. The court must approve the executor's actions and order the final distribution. When the will is submitted to the court the designated executor files a "Petition for Probate." Notice of that petition must be given to all of the heirs and beneficiaries. Under certain circumstances assets of the estate can be sold (whether court approval is required depends on the provisions of the will), but executor is accountable for the proceeds of the sale. I don't quite understand what you mean by "changes." What changes to what?

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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4 comments

Asker

Posted

My dad had a stroke and is still alive my my step brother is the truetee and has applied for conservatorship and told me everything was under court supervision but is now talking about selling things ie: my dads house, furniture and autos

Bert Z. Tigerman

Bert Z. Tigerman

Posted

I don't know what mean by "trustee." Is there a trust document executed by your father? IF your brother is seeking a conservatorship of your father's assets (as disctinguished from a conservatorship of only his person) the court will control what he can and cannot do with the assets. You should be reeiving notice of any requests the conservator makes to the court.

Asker

Posted

Let me see if i understand this.....even if he gets conservatorship over my father and his assets I should rec.notices of ANY requests that he makes & from Whom?

Bert Z. Tigerman

Bert Z. Tigerman

Posted

If your brother becomes the conservator of the estate of your father. Any efforts to change the nature of his assets will be subject to court approval. You can appear at the hearing and should be given notice of any such request.

Posted

While the prior attorney's answer is correct, the Court can take a Trust estate also under supervision. Bascially, this is when a Court orders whoever is appointed to be in charge (i.e., Executor or Administrator in a probate; the Trustee of a Trust; the Conservator of a Conservatorship) to provide the Court with an inventory, then periodically account to the court for any income that comes in, and any disbursement that goes out of the estate. Those interested parties, such as heirs or beneficiaries, have to be provided notice, and an opportunity to approve or object. Depending on whether the court orders any limitation, such as funds being placed into a blocked account, or limited authority in a Probate, it may require the person in charge to go back to court to approval to access funds or sell property. Most Executors / Trustees would issue a Notice of Proposed Action if they thought that their individual action of selling estate property, not subject to requiring court approval, would cause an objection from an interested party. That would provide time for someone to object. If they do not act properly, then the Court will sanction them.

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2 comments

Asker

Posted

What if something like what you are saying here happens & theres 6 Standing Orders in regards to it?

Joseph Bernard Mchugh Jr

Joseph Bernard Mchugh Jr

Posted

I am not sure I understand, but if the Court has supervision and has ordered something, and the person ordered is not complying, then you can go to court to either compel the person to follow the Order, or complain to the Court that they are in breach of a Court Order and should be removed or sanctioned. Hope this helps.

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