Legal Question in Wills and Trusts in California

The answer depends on numerous facts that an attorney would need to analyze, but the short answer is that such a suit sounds difficult. First, how was the fiduciary appointed? Second, is there an exculpatory clause that limits liability to intentional wrongs or gross negligence? Lastly, have there been accountings and has the court been granting extensions? These are just a few issues that come to mind. Again, only an attorney reviewing all of the specific facts can give you a more complete answer. As there may be statutory deadlines, you should consult an attorney ASAP.

Yes, absolutely, the professional fiduciary has rules and duties to follow. The attorney above is correct - a probate lawyer needs to look at the facts and circumstances carefully, and then advise you as to your rights. As there are always time limitations on that sort of thing, you should seek legal counsel as soon as possible.

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