Legal Question in Wills and Trusts in California

We hired an Attorney to handle my Mom's Estate who passed 02/21 The Executor of the Estate was deceased and it passed down to her daughter who lived in another state. 2 years passed and no word from attorney, so I contacted my Aunt and she sign documentation that she quit and signed over to me. I reached out to Attorney to let him know he stated he forgot about me. I went to courthouse and was granted Adminstrator with Will Annexed. I contacted Attorney to let him know this and his first question was how much was in the bank. Now he is asking for $18,000 dollars or he won't give us documents. Is this normal?


Asked on 4/21/24, 11:08 am

1 Answer from Attorneys

That attorney is attempting to claim the full statutory fee for the estate it sounds like. You can negotiate with him but all documentation should be given to you because he is now discharged. You would want to get the documents from the Courthouse to see what if anything that attorney did. You can argue in your final petition what should be awarded to him given that two years passed without the case being moved along. You most likely want your own representation.

Julie Mains, Esq.

Mains Law Office, PC

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Answered on 4/22/24, 1:06 pm


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