Stuck in Santa Clara County Probate

[Micheline Capaci]

Hi there –
I feel stuck at the Inventory and Appraisal stage of a probate. The client is the Administrator of his late brother’s estate. He is not a beneficiary of the estate so not very motivated as to getting this probate done. Plus he works here on a Visa and goes back and forth to India. He has been terrible at responding to me and even to the attorneys whenever we reach out to him about the assets that his brother had. Client knows that the Decedent had one account at B of A, and maybe more accounts at B of A and possibly elsewhere. Decedent had online statements only; and client cannot access the accounts. Letters of Administration were issued for the client but he has done nothing with them and it’s been months. I myself have opened a case with B of A Decedent Estate Unit but I did not get far and they closed the case.
How would you proceed? Any help would be appreciated. thank you.

[andreawince]

Maybe file a Petition to replace this administrator since they are dragging their feet and have failed to do their duty. Is it possible the beneficiary could step up as the new administrator?

[Micheline Capaci]

Thank you Andrea. The beneficiaries are the Decedent’s parents since he had no kids, no will, no trus, no wife. The problem is the parents are in India and they were so traumatized by Decedent’s death I doubt they will want to act…..

[Author]

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