Legal Question in Wills and Trusts in California

(attorney) conflict of interest

I, 1 of 5 heirs to small estate, administred by 1 other heir started 6/5/00,

final distrib 4/30/01, one property, $7.000 ordered to distribute never

happened! Representative files partition for sale of property on 12/1/02,

finished on 12/15/03. Representative paid $8.000 for attorney before the

partition out of her own pocket, changed attorney for partition cost another

$8.000 then Representative claimed reimbursement of $30.000 to cover

all her costs. Reprecentative's attorney sent letter to heirs to pay or risk

thier total inheirintance if it goes to trail. The filed documents all state the

attorney is for my sister not the estate as you read through some of these

papers the attorney states she only represents work for the estate only.

I have just filed my objection to the discharge of the representative do to

the $30.000 she retains needs explaining. hearing is on 1/3/05. What

evidents do I need to prove this. Does the proceeds from the sale of

house be accounted for on a probate accounting. contra costa county no


Asked on 11/13/04, 11:14 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: (attorney) conflict of interest

In order to completely and correctly answer this question the case file and all other related documents must be reviewed. You should have received a final accounting previously as it appears the representative has now petitioned for a final discharge. This is not clear, however, as you also state that an amount is being retained by the representative (which suggests the probate is not in a state for a final discharge).

If you have already objected on the basis that the amount retained by the representative is unreasonable, then normally the burden will be on the representative (or attorney) to prove that the amount is reasonable (including the amounts of the attorneys fees).

SEE the following Probate Code sections:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10810-10814

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10800-10805

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10950-10954

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=12001-13000&file=12250-12252

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Answered on 11/15/04, 11:30 am


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