Q&A for How to Know when to Reopen an Estate

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Can an heir cash an insurance policy check that was discovered after the estate was closed?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

It depends - if there is community property rules that apply, you may not be entitled to that entire amount, despite being an "heir/beneficiary" per the policy or will.

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What if I don't sign a waiver to re-open an estate?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

Asking for the waiver is not necessarily going to lead to contesting the will - contesting the will means that someone challenges the validity of the will itself. You have the right to refuse, but if you do not sign the waiver you will not get the inheritance until a longer and more costly process takes place. Unless you have actual issues with the job the executor did, putting up a fight may not be in your best interest.

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Question

If you reopen a closed estate, are you required to publish a notice in a local newspaper as was done in the first probate of the estate?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

It depends. If you cannot serve all the parties, you may - but often times, you need the court's permission for substitute service.

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Does my deceased partner's estate need to be reopened if a lien was found on the house he left to me?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

It depends on your state, the will's language, etc. - this issue is too complicated to answer here.

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What happens when I have gone through probate and find out that there was a beneficiary for the life insurance policy that the office of personnel misplaced but found it later and sent it to the insurance company?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

It depends on what the beneficiary wants - perhaps it can be settled out of court. Otherwise, you may need to file a petition to reopen.

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How can an estate be reopened if someone died without a will and new property is discovered?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

It will be dealt with based on your state's intestate procedures. There isn't a single answer for this, unfortunately.

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If a will is found after an estate is settled and two of three beneficiaries have signed quit claim deeds to the third beneficiary, what happens? Is the estate reopened?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

This is very complicated. It depends if fraud was involved, etc. The estate might need to be reopened in this case.

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Question

What is the average cost to reopen an estate?

Lahaina Araneta, JD
Attorney at Law
Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.

Lahaina Araneta, JD

Attorney at Law

Expert Answer

There can be legal and filing fees. All of this is contingent on a multitude of factors.

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