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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37010
Experience:  Texas lawyer for 30 years in Estate law
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This receipts that aren't being signed are distributions

Customer Question

This receipts that aren't being signed are for anticipatory distributions for unpaid rent, not paid rent, that is being deducted from their share of the inheritance. I just realized your answer was addressing paid rent, not unpaid rent. Is there anything we can do or submit to the court in lieu of these unsigned receipts?
Submitted: 10 months ago.
Category: Estate Law
Expert:  RayAnswers replied 10 months ago.

Hi here is the process.The Personal Representative must obtain the receipt of the persons receiving property from the estate. In the case of real property, the Personal Representative should record a certified copy of the Judgment of Final Distribution in the county in which the real property is located.

Recordation of the order is considered to be a Receipt from Distributee for the property. A Receipt from Distribute should be required from each distributee at the time property is distributed to him or her under an order for final distribution. Each receipt should be filed with the court prior to filing a petition for final discharge.

You can have final judgment of distribution signed and you hold their share until they sign the receipt.Usually they want their money here so they comply.You can threaten to hold their funds if they do nto return this to you.

Expert:  RayAnswers replied 10 months ago.

If they flat out will not sing you can serve them with final accounting document and then schedule hearing.The court can sign the final judgment and you hold funds until they agree to sign this.

Thanks for letting me clarify the situation and your patience here.

Expert:  RayAnswers replied 10 months ago.

You serve them with Petition .

Notice California law them allows for court to approve it and you can just distribute it to the heirs.You don't need to have signed document.You can proceed without the document .

PROBATE CODE
SECTION 11640-11642

11640. (a) When all debts have been paid or adequately provided for, or if the estate is insolvent, and the estate is in a condition to be closed, the personal representative shall file a petition for,and the court shall make, an order for final distribution of the estate. (b) The court shall hear and determine and resolve in the order all questions arising under Section 21135 (ademption by satisfaction)or Section 6409 (advancements). (c) If debts remain unpaid or not adequately provided for or if,for other reasons, the estate is not in a condition to be closed, the administration may continue for a reasonable time, subject to Chapter 1 (commencing with Section 12200) of Part 11 (time for closing estate).

11641. When an order settling a final account and for final distribution is entered, the personal representative may immediately distribute the property in the estate to the persons entitled to distribution, without further notice or proceedings.

11642. Any property acquired or discovered after the court order for final distribution is made shall be distributed in the following manner: (a) If the order disposes of the property, distribution shall be made in the manner provided in the order. The court may, in an appropriate case, require a supplemental account and make further instructions relating to the property. (b) If the order does not dispose of the property, distribution shall be made either (1) in the manner ordered by the court on a petition for instructions or (2) under Section 12252 (administration after discharge) if the personal representative has been discharged.

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