Legal Question in Wills and Trusts in California
I am the duly appointed and acting executrix of my sons estate. To take action without court approval. For a year, I took care and paid bills, made deposits fron his funds and continued to get his property ready for sale. Prior, to the sell of his house, I freely used the, money in his account, and made deposits, improved his property for sale and profit.
I was able to pay some debts to contractors and etc through escrow. During this year, my sons account became a zero balance, so, I used my own money to finish up the house project, leading to a larger profit then if the house would have sold without finishing it.
My Attorney, had me put the escrow check into his account. He said that when it goes to the final court he will be paid, I will be paid, (the fees for my administrative duties), I have no problem waiting for the administrator funds, but I want to be paid the $20,000.00, that I used from my own account. I have waited since July, 2010 already. There us land that is in foreclosure, we are now into the 22 month, and apparently, due to the market, it may take longer before final probate.
Meanwhile, I want my money, that I used in good faith, that will give the attorney and everyone else involved more money. I've paid everyone else, I want to pay myself, and the attorney is not listening to my request. What can I do, do I have a right to collect what I spent and get it before the final probate court date.
The money is in a non interest account, and he said it was being borrowed or used by law students, attorney's and such.
1 Answer from Attorneys
If you loaned the Estate $20,000 to do work on the property that was sold, then I am not sure why that wasn't repaid from escrow? It also seems strange that there isn't a bank account for the Probate, which would allow you to earn some interest while awaiting final distribution. I would look at the Court file to see exactly what is going on and then demand that the attorney take action or threaten to fire him and replace him with a different attorney.
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