Legal Question in Wills and Trusts in California

This is a case where there were 3 owners, one of the owners passed away in testate. I filed a probate and petition for partition to resolve the owners portion that was left in intestate. The case somehow was drawn out for 7 years and nothing was done causing my lawyer fees to go up and up, I ended the case just recently after 7 years and learning that the judge was going to send it to trial. The other 1/3 owner is constantly harassing me and threatening to assume sole ownership, This person has caused property damage and is currently trying to evict my partner and caregiver that I have had living in the home since 2011. I know I have 1/2 rights as far as ownership which should include my right to have someone living in the home. How do I stop this person from the harassment and threats? How can I resolve the probate and petition for partition in the least expensive way?


Asked on 6/13/16, 7:09 pm

1 Answer from Attorneys

You have a very serious mess here and may have thrown away many rights depending on what you mean by "ended the case." I can't think of any reason something like this should have been drawn out seven years. The only possible thing I can think of that you can do is file a complaint against your lawyer with the State Bar, find a new lawyer to solve this mess for you and talk to a malpractice lawyer about suing your old lawyer. Bottom line: you are not going to get this dealt with without hiring a new lawyer.

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Answered on 6/14/16, 10:49 am


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