Legal Question in Wills and Trusts in California

Compansation from a sole executor to and heir for legal fees

Hi there,

My grandfather passed in 1995,my uncle who resides in California never attempted to contact me regarding the will.I kept on asking until I finally got fed up in 2001 I

retained legal council who informed that there was a will and he would charge me 25% of my share.I honestly feel like I did not have to fight for what was rightfully mine and my uncle did not make a move to show me otherwise for six years,can my uncle be held accountable for my fees which were paid to the lawyer?I might add that there was no signed document on my uncles behalf that would exclude him from this situation.I thank you for your time.


Asked on 10/03/05, 9:38 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Compansation from a sole executor to and heir for legal fees

It appears that your uncle was the executor of the estate . If so he had a duty as the trustee to inform you of your interest and to transfer it to you in a reasonable period of time. He apparently did not do either. You could apply to the Court for an order for your fees. However, your Uncle lives in California and you would have to enforce a foreign judgment against him to collect. It is doubtful that he would pay voluntarily. It might cost you as much as you have already paid to succeed , if you do manage to collect.

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Answered on 10/04/05, 11:48 am


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