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Probate Petition for Final Distribution

Los Angeles, CA |

We have filed a Petition for Final Distribution with proposed distribution amounts calculated based on available cash on hand in the estate. However, the hearing is in 4 months and interest will accure on the cash until distribution. Do we need to file a supplement to amend the amounts of distribution to each beneficiary? Do we need to have a revised proposed order with revised distribution amounts available at the hearing? How should we proceed?

Thank you very much.

Attorney Answers 3

Posted

Most of the time you can add a residuary order to the effect that any residue after the ordered disposition will be distributed to the heirs/devisees in the proportions as approved. That should take care of the (presumably) minimal interest.

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Posted

I agree with the prior attorney. In PA, you merely do a "hand up" with the orphans court of the additional interest and how it is to be split up. Check with CA estate counsel to be sure of their procedures.

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LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

First, I want to congratulate you for getting your probate action to the point of a petition for final distribution without any help in Los Angeles County Superior Court. I have watched many a pro per administrator struggle and fail to meet the Court's requirements, at great cost and delay to themselves and their family.

In California, a residuary clause is typically included in the petition to approve the final accounting and for distribution. You may supplement your petition. You are probably familiar with probate attorney notes by now -- begin looking for them several weeks before your hearing. Comply with all requests and make sure the supplements are on file at least 5 days before the hearing. Do not forget to also have a proposed order with a self-addressed stamped envelope on file as well.

I am a little concerned, since including a residuary clause is almost always done. Its omission concerns me that the form you are using for your model for the petition for final distribution may not be very complete. You may wish to consult with an attorney to make sure your petition results in a distribution now rather than several months from now, since a continued hearing is usually 9 to 12 weeks in the future in most Southern California courts..

Finally, when you do receive your order, do not forget to obtain receipts and apply for a discharge.

The answers provided are for general information purposes, and are not legal advice. By providing this general information, we are not representing the questioner or any other reader. Do not rely on this advice as personal legal advice.

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