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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37027
Experience:  Texas lawyer for 30 years in Estate law
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My brother in law died after my mother in law. He was in her

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My brother in law died after my mother in law. He was in her trust. We are now investigating the records, and we have found proof that he was stealing from her as an elderly person. His kids are now suing for his part of the estate. Do we have any recourse, if we have records of his theft, in CA?
Submitted: 9 months ago.
Category: Estate Law
Expert:  RayAnswers replied 9 months ago.

Hi and welcome to JA. Ray here to help you today

Sure the trust here can sue his estate and seek to reclaim the funds from his estate. This would be the trustee suing the estate. Trustee has a fiduciary duty to try and recover funds here that were wasted and all you can do here is to sue his estate and reclaim any assets the estate has in this situation.

The trust is a creditor against the estate and may be paid on by the executor on such a creditor claim.The trust files a claim, sees if the executor approves or denies it and sues if denied here.You would need to identify the amount of funds and submit a creditor claim as a first step here.

http://www.courts.ca.gov/documents/de172.pdf

I appreciate the chance to help you today.Good luck here.

Expert:  RayAnswers replied 9 months ago.

PROBATE CODE
SECTION 9100-9104

9100. (a) A creditor shall file a claim before expiration of thelater of the following times: (1) Four months after the date letters are first issued to ageneral personal representative. (2) Sixty days after the date notice of administration is mailedor personally delivered to the creditor. Nothing in this paragraphextends the time provided in Section 366.2 of the Code of CivilProcedure. (b) A reference in another statute to the time for filing a claimmeans the time provided in paragraph (1) of subdivision (a). (c) Nothing in this section shall be interpreted to extend or tollany other statute of limitations or to revive a claim that is barredby any statute of limitations. The reference in this subdivision toa "statute of limitations" includes Section 366.2 of the Code ofCivil Procedure.

Expert:  RayAnswers replied 9 months ago.

9103. (a) Upon petition by a creditor or the personalrepresentative, the court may allow a claim to be filed afterexpiration of the time for filing a claim provided in Section 9100 ifeither of the following conditions is satisfied: (1) The personal representative failed to send proper and timelynotice of administration of the estate to the creditor, and thatpetition is filed within 60 days after the creditor has actualknowledge of the administration of the estate. (2) The creditor had no knowledge of the facts reasonably givingrise to the existence of the claim more than 30 days prior to thetime for filing a claim as provided in Section 9100, and the petitionis filed within 60 days after the creditor has actual knowledge ofboth of the following: (A) The existence of the facts reasonably giving rise to theexistence of the claim. (B) The administration of the estate. (b) Notwithstanding subdivision (a), the court shall not allow aclaim to be filed under this section after the court makes an orderfor final distribution of the estate. (c) The court may condition the claim on terms that are just andequitable, and may require the appointment or reappointment of apersonal representative if necessary. The court may deny the creditor's petition if a payment to general creditors has been made and itappears that the filing or establishment of the claim would cause ortend to cause unequal treatment among creditors. (d) Regardless of whether the claim is later established in wholeor in part, payments otherwise properly made before a claim is filedunder this section are not subject to the claim. Except to the extentprovided in Section 9392 and subject to Section 9053, the personalrepresentative or payee is not liable on account of the priorpayment. Nothing in this subdivision limits the liability of a personwho receives a preliminary distribution of property to restore tothe estate an amount sufficient for payment of the distributee'sproper share of the claim, not exceeding the amount distributed. (e) Notice of hearing on the petition shall be given as providedin Section 1220. (f) Nothing in this section authorizes allowance or approval of aclaim barred by, or extends the time provided in, Section 366.2 ofthe Code of Civil Procedure.9104. (a) Subject to subdivision (b), if a claim is filed withinthe time provided in this chapter, the creditor may later amend orrevise the claim. The amendment or revision shall be filed in thesame manner as the claim. (b) An amendment or revision may not be made to increase theamount of the claim after the time for filing a claim has expired. Anamendment or revision to specify the amount of a claim that, at thetime of filing, was not due, was contingent, or was not yetascertainable, is not an increase in the amount of the claim withinthe meaning of this subdivision. (c) An amendment or revision may not be made for any purpose afterthe earlier of the following times: (1) The time the court makes an order for final distribution ofthe estate. (2) One year after letters are first issued to a general personalrepresentative. This paragraph does not extend the time provided bySection 366.2 of the Code of Civil Procedure or authorize allowanceor approval of a claim barred by that section.

Expert:  RayAnswers replied 9 months ago.

Self here here, even if you aren't in LA it gives you the process and it will be the same..

http://www.lacourt.org/division/probate/pdf/creditorsclaim.pdf

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