Legal Question in Wills and Trusts in California

Direct beneficiaries right to know what's going on

My brother is the executor of my mother's will and lives outside California. My sisters and I are named in the will as direct beneficiaries. My brother hired a lawyer to do the probate since he doesn't want to have anything to do with it. Since then, neither my brother or the lawyer will tell us what's going on. The lawyer won't even return my phone calls. The hearing to grant Letters was on March 4. We haven't even heard if the Letters were granted, a bond required or anything. Can we file a ''Request for Special Notice'' to force them to tell us what's going on? Or are direct beneficiaries supposed to be kept in the loop by law? We're concerned my brother will have an estate sale of her possessions and try to sell the house without letting us know.


Asked on 4/09/02, 6:08 pm

2 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Direct beneficiaries right to know what's going on

You should request special notice--this will get you more information than you would otherwise receive. You can also check the court's file to find out if letters have been issued, if a bond was required, and the executor's powers.

Notice may not be required to sell the personal property, so you may want to keep writing/calling the attorney, checking with your brother, and even asking the neighbors to call you if there's some kind of sale.

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Answered on 4/10/02, 11:54 am
Victor Hobbs Victor E. Hobbs

Re: Direct beneficiaries right to know what's going on

You should be kept informed. The attorney doing the probate is attempting to maximize his/her fee by doing as little extraneous work as possible. requesting special notice isn't a bad idea. However, as beneficiaries any sale of real property will have to be approved by the court, and you'll be given notice. The personal property is another matter. I have a difficult time understanding that your brother can marshal all the estate property, and sell it from a location outside Californian. So the attorney must have had someone go through all the personal property, and sell it. Start writing letters to the attorney and info your brothers and sisters. California permits the attorney to get his/her fee in accordance with a schedule and extra fees for other work. So keeping you informed is probably extra fees. However, demand it in writing.

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Answered on 4/09/02, 6:21 pm


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