Legal Question in Wills and Trusts in California
Under the Independent Administration of Estate and act would such things as failure to keep a vehicle registered and insured be seen by the court as the failure of a personal representative duties and just cause for the court if petitioned to revoke full authority?
If so would you need an attorney to write the petition asking the court to do so? I could not find any probate forms for this.
Basically I am trying to make sure a house which the will says I should get from being sold to a member of the personal representative's family at a lot less than the house has been appraised for. I contacted the estate attorney who also owns a real estate which he runs out of his legal office about my concerns and was sent your basic ' oh everything is fine', reply which did not address any of my concerns or questions and wasn't proof read. Any help greatly appreciated, thank you
The case is at the Alameda Court. Not sure if that would be a factor
3 Answers from Attorneys
Obtain yourself probate counsel to assist you in completion and closing of the estate. A few well spent dollars to an attorney to assist you, will be to your benefit in the long run. Quit trying to do something you are not trained for, and that may cost you some money down the line someday.
It sounds like you should consult with a probate attorney and have the case reviewed--if the executor has caused losses he/she can be surcharged by the court, and you have the right to object the house sale and cause it to be subject to overbids. This assumes that the executor should even be selling the house. There's a lot here, so have an attorney take a look.
I don't know that you could get powers revoked or the representatives removed for this, but a surcharge or an order directing that certain things be done may be possible.
The house issue seems more serious. You need to get a lawyer involved here, as protecting your rights in this case is not a DIY project.
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