Legal Question in Wills and Trusts in California
Are the beneficiaries of an estate entitled to see details of all associated costs and charges being managed by the executor before the end of the case and if refused this information what can the beneficiaries do?
I am one of the beneficiaries of an estate worth around $2.7m. The case has been going on since September 2009 and during this time the executor (who is a professional conservator and was not known to any of the beneficiaries) has been very awkward and avoided giving us any information about the affairs.
We eventually saw a list of assets in August 2010 after I emailed him several times. He then told me not to contact him and to get my attorney to contact his attorney if I wanted to know anything!
Anyway, the beneficiaries want to know how much costs and fees the estate has incurred before the hearing (which we assume is the final hearing) takes place at the end of February. We know about the real estate fees as this was public information at the time of the house sale in September 2010, but we want to know about all the other fees and charges. We have tried to get this inofrmation from the lawyer regarding this but to no avail. One of the other beneficiaries went to the court thinking this information would be in the files but the only information there was regarding the house sale - there wasn't even a list of assets - should this information have been in the file? What can we do to find out the information about fees - we think we should be entitled to this?
1 Answer from Attorneys
With an estate that size and an unco-operative administrator and attorney, all of you should not try to save on getting an attorney. the average charge will be about $350 per hour [but there are some semi-retired attorney like me who charge much less]. You ae being penny wise and pound foolish! You also need to read a Nolo Press or similar book on estates so that you know what is going on and what questions to ask You also might want to read through the various prior questions/answers on this site as to estate administration.
The court calendar, which you should be able to access on the web, will give a very brief, few word designation of the hearing. The final appearance will be listed as something like "final accounting". Look through all of the court listings to see what has been filed. The administrator is required to file an inventory of the estate listing what the assets ae and their value. A status report must also be filed, normally yearly. All beneficiaries must be given a copy of these documents. You have the right, and should exercise it, to write a pleading to the court [call it something like Beneficiaries' Objection to Hearing re Administrator's Statutory Non-Compliance],which you should file at least several days before the court appearance since the judge needs time to get and read it. In it you point out in an objective fashion the basis history of the case, the failure of both to respond to requests for information you are legally entitled to, demand that those documents be prepared and filed and that the administrator not be paid until files detailed report as to what he has done since it might be appropriate to surcharge [reduce his fees] him, have all the beneficiaries sign under penalty of perjury, send a copy to adm. attorney.
You have a significant amount of money at stake and the courts normally are basised in favor of the administrators and against non-attorney heirs representing themselves. Hire immediately an experienced attorney! You can always switch attorneys whenever if you feel the one you select is not doing a good job.
not proof read
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
