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What's the next step if the executor/administrator over my mom's estate does not file the correct final accounting in probate?

Van Nuys, CA |

As an heir to the estate I filed a petition to compel for final accounting and inventory so the executor/administrator for my mom's estate can complete probate. If the final accounting is not correct do I need my proof to object at the hearing or is there another process after. I want to be prepared. Also on the supplemental inventory already filed I have an objection to the value of one of the assets listed but in order to get the proof for this asset the bank told me I need a subpoena from probate court. Should I do this now or object after seeing the final accounting?

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Posted

You would object after you receive the final accounting if it is not correct.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

I am not sure how you can object to an accounting that you have not seen, yet. I would wait until you get the accounting and then determine whether or not there is a basis for objecting. If you decide to object, you may need to consult with an attorney to make sure that your objections are presented in the light most likely to get the result you are seeking.

James Frederick

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Posted

I agree you need to obtain and review the accounting before you can object to it. It is unclear how your objection as to the value of an asset contained in the inventory would be worthwhile.

However, if you contest the amount on deposit in a bank account on the date of death, you can simply prepare a demand for production for the banking records for that account and serve it on the personal representative.

Alternatively, you can ask the court clerk to issue a SDT and have it served on the bank. You may want to request all banking records standing in the name of the decedent, alone or with any other person, for the period of time commencing from a particular date, i.e., one year before DOD, as appropriate.

I would do either one, or both, now as the process is not always smooth and does not always give you the information you seek. Good luck.

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