Request For Special Notice in California

[GoBears]

The Executrix of the Estate, also a beneficiary, is going about the appraisals in a manner that is highly suspect and seemingly self-serving. Attempts to convince her to go about the appraisal processs differently, in a more professional manner, are meeting resistance, unfortunately.

It was brought to my attention that an "interested person" in the estate can utilize the Request For Special Notice:

http://www.courtinfo.ca.gov/forms/fillable/de154.pdf#search='request%20for%20special%20notice '

While it looks pretty straight-forward, is there a How To or explanation sheet that walks one through the choices and what exactly they mean, and the procedure to file?

Your time is appreciated, thank you.

[Clair Bonner]

The Executrix of the Estate, also a beneficiary, is going about the appraisals in a manner that is highly suspect and seemingly self-serving. Attempts to convince her to go about the appraisal processs differently, in a more professional manner, are meeting resistance, unfortunately.

It was brought to my attention that an "interested person" in the estate can utilize the Request For Special Notice:

http://www.courtinfo.ca.gov/forms/fillable/de154.pdf#search='request%20for%20special%20notice '

While it looks pretty straight-forward, is there a How To or explanation sheet that walks one through the choices and what exactly they mean, and the procedure to file?

Your time is appreciated, thank you.

Are you a "spouse" or just an "heir" to the estate?

[seniorjudge]

The Executrix of the Estate, also a beneficiary, is going about the appraisals in a manner that is highly suspect and seemingly self-serving. Attempts to convince her to go about the appraisal processs differently, in a more professional manner, are meeting resistance, unfortunately.

It was brought to my attention that an "interested person" in the estate can utilize the Request For Special Notice:

http://www.courtinfo.ca.gov/forms/fillable/de154.pdf#search='request%20for%20special%20notice '

While it looks pretty straight-forward, is there a How To or explanation sheet that walks one through the choices and what exactly they mean, and the procedure to file?

Your time is appreciated, thank you.

What part of the document do you not understand?

[GoBears]

Hi Clair, I'm one of the heirs of the estate. Is this a form that I/we (also the other heirs) can use to contest an estate appraisal? It certainly seems that way...

Before I forget, this is not with Probate, and this is a Trust.

seniorjudge, the document actually looks quite straight-forward. The "objections to an apprasial" (5) appearing to be the box to check for the expressed concern.

It doesn't seem that this form is the place to explain the reason(s) for contesting an appraisal. If so, at what point is that information provided? Just sort of lost as to the process or chronology of events. If there is a good source (link), kindly share.

What does "accountings" (3) refer to, namely the extent of detail or records this should entail or reveal?

There are strong reasons to believe that the Executrix has been making decisions to benefit her situation, at the expense of the other heirs. Prior to death, the Executrix served as an atty-in-fact, managing finances for 3 years. Would this "accountings" also cover that time period as well? I'm guessing not, but want to make sure...

Thanks much!

[seniorjudge]

Fill it out the best you can.

Write a clear and simple explanation of what you think the problem is (something that a fifth grader would instantly understand...remember, you are writing this for a judge).

Then attach that as an exhibit to the form.

On the form, say, "see attached exhibit".

Make sure everyone is served with copies of this stuff and file the original with the court.

Ask the clerk for directions on making sure service is made, etc. The clerk should not give you legal advice so don't ask.

[GoBears]

seniorjudge, thank you for the information.

[GoBears]

Important follow-up question...

Properties are being appraised, and from the results, comparisons being made to see differences in value. As dictated by the deceased, the heirs will need to pay other heirs the difference is appraised value, and of course in CA, that can be hundreds of thousands of dollars...

The Executrix, as mentioned previously, is also an heir. How she is going about the selection of appraisers, and the choice of what results to use is highly suspect, she (and her CPA husband) is now saying that we (the other heirs) don't have to see her appraisal at it's for the property that she is to receive. Given that these appraisals are being used to discern who pays who and how much, that just doesn't sound right.

Must she show all appraisals upon request from the other heirs?

Thank you for your help!