Legal Question in Wills and Trusts in California
My friend was injured, she has dementia and we had signed POA forms complying with state law.
My friend is the beneficiary of an estate from one of her siblings, I introduced my self to the attorneys and sent the POA form.
They will not share any information with me other than the estate is in litigation and that there may not be any monies to distribute when finished.
They will not tell me the case number, information about the case, the amount of the inheritance or any details what so ever regarding the estate.
Her brother was wealthy and an investor and I have concerns that the estate attorney will not share information with me.
Isn't transparency required? Are they required to send me an invoice of their charges via litigation and other important information regarding the estate and it's details? Finally do I have control of litigation allowing me to settle before the estate is insolvent?
1 Answer from Attorneys
I am sorry to hear about your friend and this problem.
Your friend certainly has rights to know about any estate where she has rights as a beneficiary. The exact nature of the rights, and the ways to best enforce those rights, depends on whether there is a probate, a trust, a will, or maybe some other device.
The litigation is likely (but not necessarily) in the courts of the county where the sibling used to live. Most counties now have computerized records that you can search online for the case number and name. You might try to search for the case that way. You might also look to see if there is a probate proceeding in that county for the deceased sibling.
You most likely do not have any right to control the litigation and force a settlement. Those rights would be vested in the trustee or administrator/executor of the estate. Your friend, however, may have other rights here.
Assuming your friend's interest in the estate is large enough to warrant the expense, you should contact an attorney who handles contested estate and probate matters to investigate the matter, It may be harder for the estate's attorney to ignore a demand from an attorney who knows the law in this area. An attorney will also show that you are serious about this matter.
You should be able to find someone who can help you through LawGuru, through your local Bar Association, or through an Internet search using your favorite search engine. I would also urge you not to delay here, because money from the estate is being spent on litigation.