Legal Question in Wills and Trusts in California

Dear Scott Linden:

In response to my last email to you. The administrative lawyer for the probate was paid out of the estate. Before this lawyer was called in to this probate, I had retained an estate lawyer because I was told that my late husband's children would probably fight me. When my husband died, we were in the process of divorce, however it was in the early stage and we had never gotten to court or even resolved any financial issues. Legally when he died I was a widow. My estate lawyer told me that it would be wise to retain this administrative lawyer so that there would be an inpartial person in the probate process and she would not allow the process to be bogged down with frivolous threats. This administrative lawyer was 2 years out of school, but my lawyer swore she had the knowledge. Well, the kid's lawyer tried everything possible to discredit me from receiving any money. She even challenged the 401k plan from my husband's employer, stating I should not get the distribution. She probably knew that it was legal for me to receive the money in the plan, but she challanged my lawyer in every detail. She never did request to go to court over the matter, but she had my lawyer and the administrative lawyer running around in circles reviewing every law book for her challenges. My estate lawyer was baffled so he referred me to a lawyer in a firm that specialized in employment litigation, ERISA and benefits, business and tax, etc. (that was another fee I had to pay). This lawyer said that there was no ground for the 401k to go the the kids. He called the kid's lawyer to discuss the challenge, but she never returned his calls. She finally backed down. But, during this time she had threatened my late husband's company lawyer not to release the 401k to me. He put a hold on the distribution. My lawyer was emailing the kid's lawyer to prove the legality of her claim, but never got a response. The distribution was not released to me for over 6 months.

So, like I said the lawyer's fees grew to be excessive because he billed me for every minute he was on the phone. I received 2 distribution checks from the probate (both written by the administrative lawyer). The first check was written to me. The second check was writtten to me and my lawyer's name. My lawyer wrote his checking account number on the back of the check that stated "for deposit". I lined over that number and wrote my checking account number on it and deposited the check. My lawyer called the bank challenging that it was his money. The bank informed him to provide legal proof that he had a claim. It has been 4 months and he still hasn't provided proof. (I never signed a document giving him claim to the probate proceeds). The check stands in limbo. I make monthly payments to my lawyer. He used to cash them. But since I wouldn't agree to his 50% discount of his fee to be paid in cash immediately, he has stopped depositing my checks. What do you think is his reasoning. Will I be sued by him? Help!

1 Answer from Attorneys

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?