Reply to Anne Heche - Battle for her estate

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Here you go PP:

Homer's previous filing on Aug. 31 mentioned both brothers as rightful heirs to Heche's estate.

"The Estate consists of two (2) intestate heirs—Homer Heche Laffoon and Atlas Heche Tupper," the papers said. "Homer Heche Laffoon is an adult and the proposed Administrator. Atlas Heche Tupper is a minor." (In the papers, Homer specified he was not requesting to be named guardian to Atlas in any capacity.)

She has two heirs and no will. A minor and a legal adult. Of course the adult is going to be named by the court. And his filing already acknowledged his brother as an heir. So the bigger question is why is James inserting himself so vigorously and based on a 2011 email?  Additionally if you have had dealings with estates one of the first things you have done, especially when there isn't a spouse, is to change the locks since you have no idea who has a key. And people begin to help themselves pretty much immediately. [/quote]

Having some experience with an estate in CA, this makes sense. The CA probate courts are sloooooww. It can take months for an executor to get letters testamentary, even when there’s no controversy. It’s why almost everyone in CA with money has a trust. You can get emergency temporary authority, but it doesn’t allow you to dispose of property. The lawyers will advise the person acting as temporary executor to secure the property and not allow anything to be removed. Even after the executor is named, they cannot dispose of property until after an inventory has been made and filed with the court. The permanent executor will probably be able to determine if anything in the house actually belongs to someone else, but they aren’t just going to let someone walk in and start removing things. [/quote]

Thanks for the explanation. Makes a lot of sense about securing the property and now allowing for removal of things. I would think the better strategy would have been for Atlas' dad to ask for emergency relief to retrieve personal items if he had things there.[/quote]

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