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Can you in ca request an executor have limited authority after probate case is closed granting executor full authority
Anonymous6 views4 answers
we were tricked into signing a disbursment document upon reading fine print it said we waived our right to formal accounting in which we refused to sign because we wanted an accounting
Your question is unclear. However, if FINAL DISTRIBUTION has been ordered there is not much you can do unless you can prove fraud. If you signed a waiver of accounting you are probably out of luck. If the estate is still open, I strongly encourage you to speak directly with an attorney ASAP.
Ms. James is correct, your question is not clear on the history. If the case is closed, that means there was an order approving the final account and petition for distribution. It sounds like possibly somehow the Executor convinced the court to close the estate on representation that they would obtain the waivers of account on distribution, but its not clear by your facts.
More of the procedural history and what the order says is important. In addition, whether you got proper notice and why you did not previously object, are all important facts in order to help you.
You have conflated two issues. The person who got the authority to be the executor is the one who can request the full or limited authority. As a beneficiary, you have a right to an accounting regardless of the authority granted the administrator. You should seek legal representation.
Rosemary Jane Meagher-LeonardEstate Planning AttorneySan Diego, CA ·
I agree with Attorney James and Attorney Schultz. As the other attorneys have advised, it is the executor that requests and/or is granted full or limited authority.
Your question is somewhat unclear but it appears that you and other beneficiaries signed some type of document connected with distribution of the estate. If the Probate was filed in San Diego County, the Probate Court requires that waivers of an accounting to be filed either prior to or concurrently with the petition that includes the final report and request for distribution. If waivers were not filed, then the Court would have required that an accounting be filed.
Perhaps you can elaborate on how you (and others?) would have been tricked into signing the estate documents. You can provide additional information in the "comments" section.
