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IN CALIFORNIA WHEN UNCLAIMED PROPERTY IS FOUND OF A DECEASED PERSON & PROBATE TO THE ESTATE HAS BEEN CLOSED FOR MANY YEARS..

Los Angeles, CA |

... UNCLAIMED PROPERTY FOUND TOTALED WELL OVER $250,000.00. SHOULD THE ESTATE OF BEEN REOPENED? (ESP. WHEN THE ORIGINAL BENEFICIARY TO THE RESIDUARY DIED & THERE ARE CONTINGENT BENEFICIARIES TO THE RESIDUARY)... SHOULD THE PROBATE BE REOPENED? THANK YOU~ :)

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Attorney answers 4

Posted

Hello,

Yes, it is recommended that probate be reopened as that is the only way the funds will be released to the rightful heirs.

It is recommended that you consult with an attorney.

AVVO and the LA Bar Association have attorney referrals.

Posted

You will need to retain an estate planning attorney with probate experience to reopen the probate estate with the amount of assets you are talking about. Do not try and do this alone. It can be extremely complicated.

Posted

You would need to reopen the case and file all the necessary disclosures, notices, and tax returns as needed in the state of CA

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Gary Roger Waitzman

Gary Roger Waitzman

Posted

I agree

Posted

The Probate Court may have issued an order as part of the final order giving the executor/administrator the right to distribute property discovered after the closing of probate, according to the terms of the will, making opening the probate again unnecessary. If the original residuary beneficiary died AFTER the deceased, then the heirs of the residuary beneficary would be entitled to the property. The contingent beneficiaries would only be entitled to the residue if the original residuary beneficiary died before the deceased.

Please contact a probate attorney in your area to explore all your options.

Gary Roger Waitzman

Gary Roger Waitzman

Posted

I agree

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