Legal Question in Wills and Trusts in California

Guardian ad litem conflict probate

I petitioned for probate of my husbands will which left his entire estate to me. His adult daughter filed a preprobate will contest alledging unsound mind,undue influence. lack of due execution.

The court on it's own order appointed a Guardian ad litem for the minor child of a predeceased daughter of my husband. This Guardian ad litem is an atty. Since the onset of this contest daughter lost her atty and is pro per. Daughter had conducted no discovery .

Guardian filed a paper to joined the contest (GA did not file an intervention )Guardain then summoned for several depositions that have been taken.

GA has stated that GA can not be deposed because he is atty for minor. I have reviewed court file and no leave of court was granted for GA to join contest or for Atty contingency fee aggrement.

It appeares GA has hire himself and is acting as GA and Atty . At mediation GA has stated that his fees are 30K and will be 100K at contest. I have offered to buy my peace , GA wants atty fees from estate share I refused.

I believe that there is a conflict of interest to the minor. The minor has no funds

Can I have GA removed? Can I sue for cost of my expenses that he did not have leave of court and illegaly proceeded?


Asked on 12/14/04, 2:18 am

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Guardian ad litem conflict probate

These questions cannot be answered correctly and completely without reviewing the court file. However, it appears that the guardian ad litem may have acted improperly and is demanding unreasonable fees. You need to bring these issues and your concerns to the attention of the court, which has the power to remove the guardian ad litem and to deny any improper or unreasonable attorneys fees.

The problem is that you have apparently represented yourself and it may be difficult now for an attorney to resolve these issues for you at a reasonable cost. It is also likely that you could have taken action earlier to prevent the situation from reaching the current state if you had been represented by a knowledgeable attorney.

Read more
Answered on 12/14/04, 11:37 pm


Related Questions & Answers

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