Legal Question in Wills and Trusts in California

Executor dragging his feet
My Mom passed in July of 2002. My brother is executor. The will was filed in 2002. He sold my moms house. We are to split her estate 50/50. He has not done one thing since the sale of the home. I had to hire a attorney, which also has done nothing to help me expedite this. The probate att.and I have tried to contact my brother via mail & phone and have had no response in 2 and half years. He simply refuses to complete the probate and distribute the money. This does not seem right, I have been told the money from the sale of the house is in a court trust. In the meantime, I am sick of his negligence, his refusal to talk to me or the probate attorney. My attorney informed me at the time I gave him a $2000.00 retainer, the probate had to be completed in a year or my brother would be removed as executor and the court would appoint a new one. Obviously I have been lied to by everyone. I want to go straight to the Judge, should I?

Asked on 6/12/05, 3:48 pm

Scott Linden Scott H. Linden, Esq.

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Re: Executor dragging his feet

Going to the Judge would not be wise, odds are, the Judge will not even entertain your request until you fire your attorney.

Just instruct your attorney to file a Petition to Remove Trustee or to Petition the Court to Disburse Funds held in Trust.

This is not too difficult a procedure, you sure the Court is not the one dragging it s feet? The tend to...

If the Probate is in or around the Greater Los Angeles area, I'd be happy to take a lok at what has happened so far and give you a better opinion.

Scott Linden

626-578-0708, ext.4

www.No-Probate.com

Answered on 6/13/05, 2:08 pm

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