Legal Question in Wills and Trusts in California

contesting a probate

My grandfather died 6/03 and did not have a will. I am the hier of my deceased mother, She was one of 4 others. My aunt is the executor of the $350,000 estate and 3 of us want to sell the house. Two sibling don't want to sell and also want the us heirs to accept less than property value. The executor continues to repair the property and does not want to settle, not sell. We heir would like this to be settled while probate is still open. The commuication is bad a full accounting of has not come through. On what grounds can we contest a probate and is it costly?


Asked on 9/25/04, 2:18 am

2 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: contesting a probate

It sounds like the executor may have a conflict of interest. If you think she is not acting in the best interests of the beneficiaries (that would include you), then you can file a petition seeking to replace her. See an attorney for more details.

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Answered on 9/25/04, 5:35 pm
Mina Sirkin Sirkin & Sirkin

Re: contesting a probate

You can petition for an accounting. Please let me know if I can be of help.

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Answered on 9/26/04, 2:03 am


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