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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2983
Experience:  Litigation Attorney with education focus on estate planning and tax
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I HAVE BEEN NOTIFIED THAT I AM AN HEIR IN AN PROBATE ESTATE

Customer Question

I HAVE BEEN NOTIFIED THAT I AM AN HEIR IN AN PROBATE ESTATE FILED IN ORANGE COUNTY, CALIFORNIA AND THAT MY ADDRESS HAS BEEN LISTED AS UNKNOWN EVEN THOUGH I WAS CONTACTED BY A COMPANY REQUESTING A LARGE PERCENTAGE TO REPRESENT ME. I AM A FORMER COURT CLERK AND KNOW THAT IN PROBATE THE ESTATE IS SUPPOSED TO BE DISTRIBUTED TO ALL KNOWN HEIRS AND THAT AN HEIR FINDER DOES NOT NEED TO BE USED TO OBTAIN YOUR SHARE OF THE ESTATE. I AM INFORMED THAT THERE IS A HEARING ON JULY 3, 2015 TO ALLEGED WRAP UP THE ESTATE WHICH ASSUME MEANS DISTRIBUTION OF ASSETS BUT THAT I HAVE BEEN EXCLUDED DUE TO MY LISTED LACK OF KNOWN ADDRESS. HOW DO I GET THAT CORRECTED IN TIME FOR THE JULY 3, 2015 HEARING?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
8250. (a) When a will is contested under Section 8004, the
contestant shall file with the court an objection to probate of the
will. Thereafter, a summons shall be issued and served, with a copy
of the objection, on the persons required by Section 8110 to be
served with notice of hearing of a petition for administration of the
decedent's estate. The summons shall be issued and served as
provided in Chapter 3 (commencing with Section 412.10) and Chapter 4
(commencing with Section 413.10) of Title 5 of Part 2 of the Code of
Civil Procedure. The summons shall contain a direction that the
persons summoned file with the court a written pleading in response
to the contest within 30 days after service of the summons.
(b) A person named as executor in the will is under no duty to
defend a contest until the person is appointed personal
representative.
8252. (a) At the trial, the proponents of the will have the burden
of proof of due execution. The contestants of the will have the
burden of proof of lack of testamentary intent or capacity, undue
influence, fraud, duress, mistake, or revocation. If the will is
opposed by the petition for probate of a later will revoking the
former, it shall be determined first whether the later will is
entitled to probate.
(b) The court shall try and determine any contested issue of fact
that affects the validity of the will.
If you feel like you have been left out of the will and you are a rightful beneficiary then you could contest the will with the provisions I have cited. The executor has an obligation to the beneficiaries to exercise reasonable diligence when administering the estate. While state probate laws define what constitutes “reasonable,” in general, the executor should transfer ownership of all beneficiaries’ inheritance within a year after the decedent’s passing. If the executor requires additional time, he must provide the beneficiaries with a reason for the delay. Otherwise, the beneficiaries may petition the adjudicating court to appoint a new executor, who can assume responsibility for dividing the estate’s assets accordingly. If you have been left out of the process because the executor of the will could not find you, you should first contact the the executor to inform them of your existence and address. You should also petition the court under the particular probate proceeding, letting the court know of your existence and interest in the will.
See link for contesting a will in California:
http://info.legalzoom.com/contest-california-4055.html
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 2 years ago.
Just checking back in, please let me know if I can do anything further. Please positively rate my answer for the work I put into the answer as it is the only way I will be compensated.