Legal Question in Wills and Trusts in California

Bankruptcy/Distribution of Estate

Brother has filed Chapter 7 thinking this would expedite settling our parents estate. It seeems to have only delayed it. Attorney representing the estate has been delaying his job as well. He was suppose to send trustee info on the estate which is one sole bank account. It has been 6 weeks and he has done nothing. We have sent letter asking him what the hold up is and he has not responded. Can I just send the bank statement to the trustee myself and forget the lawyer that obviously is not doing his job? After the trustee reviews the statement I would assume we can then go to the bank and distribute the funds?? Also what would be the benefit of this person filing bankruptcy and is the trustee entitled to a portion of the estate?


Asked on 10/09/99, 7:02 pm

1 Answer from Attorneys
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Bankruptcy/Distribution of Estate

Depending upon the timing of the death, the Bankruptcy Trustee may be entitled to your brother's share of the estate, at least up to the toital amount of claims and trustee's fees in the bankruptcy case. That can delay amdinistration of the estate.

There is nothing magic about sending the Trustee the information. If your attorney has not done it, you are free to do it.

You may want to look for another lawyer for the estate. .

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Answered on 10/13/99, 8:49 pm


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