Legal Question in Wills and Trusts in California
My dad's sister passed away in California and named my dad, who lives in Iowa, executor of the estate in her will. She also had a conservator at the time of her death. The conservator has filed some sort of court order to become the executor. The conservator has all account #'s, ppwk, and even the keys to the house. I've also found some negative reviews online about the conservator and there was even a local news story about this conservator's questionable practices (not that it means a whole lot but still makes us wonder). My dad is playing the waiting game with the court system now. Is this common in California? To us it sounds like a scam. Any info would be greatly appreciated.
3 Answers from Attorneys
Waiting games do not work. If he was named as executor of the will, he needs to either contest the conservator's petition, or better yet, file a petition of his own to act as executor IMMEDIATELY. I do Probate throughout California.
Do not wait. It sounds like you will want to file an objection to the conservator's petition along with a competing petition by your dad. I encourage you to find a California probate attorney to assist your dad ASAP. I am a Certified Specialist in probate law which means I took a second bar exam only in the areas of probate and estate laws. With the aid of CourtCall I can "appear" in probate Courts throughout California. Call me this morning so I can help you out! -John
Your Dad should not wait - he needs to get a lawyer ASAP. He should petition to be appointed executor and should object to the Conservator's petition. He should also carefully review any fee petitions filed by the Conservator in the conservatorship.
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
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.
