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My Probate Attorney in the State of California
Anonymous5 views2 answers
Inculed a provision in my Independent Letter of Administrator distribution of any other assets not now known but which are hereafter discovered as belonging to the Estate is hereby made to the beneficiary.
My Question is: Does this provision apply to assets such as real estate property moveable or immoveable in another State
You're paying your probate attorney fto draft you documents and to explain what they've provided for and why, and they're supposed to provide documents that meet your needs, so ask them for an explanation, and keep asking until you're satisfied that you understand everything..
I'm almost sure that I understand your question. It sounds like a standard line in an order for distribution of the estate that is intended to avoid having to re-open probate if an asset is discovered later.
However, if that's the case, that would not likely apply to real property located in another state. Even when there is a California probate, we still have to open an "ancillary" probate to deal with real property located outside California.
I'm going to assume that there actually is an out-of-state property, and that you aren't just making up reasons to ask questions. If that's the case, then I recommend that you contact a probate attorney in the state where the real property is located and ask whether the papers you have from California are sufficient to open an ancillary probate in that state, or whether (if you're lucky) the papers will allow for the distribution of the property without opening a new probate.
Basically, you need to ask what needs to be done to handle the out-of-state property. You'll need to talk to an attorney in that state.
Lastly, Pamela is right. You have paid your probate attorney to answer these types of questions for you. You should get answers from your attorney. Answering questions like this is part of the attorney's compensation.