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  1. #1

    Smile Probate vs. Trust Administration

    My question involves estate proceedings in the state of: California

    I hope someone could help me with this. My Brother is 1/2 beneficiary of a will , In the will was a Testamentary Trust set up for him and care of the Pet animals, The 4 year Trust is now over and the home is sold in which he will get half, The executor says that they do not have to reimburse him for expenses because the Trust has ended BUT in the Will it says " During the Probate Administration period they have to care for the animals and all cost and expenses. Are they still in the Probate Administration period? I thought until the Estate is closed and all beneficiaries receive their inheritance that its still open. Am I wrong?

  2. #2
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    Default Re: Probate Administration

    Can you rephrase that so that your question makes sense? Thanks.

    If you're stating that the probate estate created and funded a testamentary trust, and probate was then closed, once the probate estate was closed the provisions of the will would no longer be relevant.

  3. #3

    Default Re: Probate Administration

    Let me try this again, In the Will there was a Trust set up for 4 years to live in the house all expenses paid by the Executor, now the 4 years have ended (like a year ago) When the Trust ended they had to put the home up for an All Cash Sale. A year later the home sold, now my Brother has a year of receipts for the Estate claim, they are saying they don't need to reimburse him because the Trust is over,but in the Will it does say they have to pay during probate Administation period. In the Will it explains how the proceeds from the home and furnishings are divided. Would the Probate be closed? Or is it still in probate Administration until all assets are distributed. Does this make more sense? I'm sorry I'm trying to explain it the best I can Thank you

  4. #4
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    Default Re: Probate Administration

    We have no access to the probate court records and thus are not in a position to tell you if or when a final distribution was made, or if or when the probate estate was closed. We have no access to the will, nor to the trust. The executor should know the status of the estate he's administering.

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