Legal Question in Wills and Trusts in California
My Mother-in-Law's estate has been in the California probate court for 4+ years, and the presiding Judge is finally closing the estate next week.
My sister was named executor, and to make a long story short, it has been a living nightmare. Unfortunately, my husband and I are/were never in a financial position to hire an attorney, and any advice given would be greatly appreciated.
The attorney that drafted the Will also represents the executor and the estate. My husband has agreed to sell his 1/2 interest in the home to her. His sister instructed him to compose an agreement in essence saying that he agrees to sell his interest to her, then fax this agreement to a new attorney, and completely bypass the attorney that has represented her, and the estate.
I realize any answer given is pure speculation; however, something does not pass the smell test here, and I question why another attorney was hired by my sister-in-law 6 days before the estate is set to close. What could be the possible motive for doing that?
1 Answer from Attorneys
As you said, it is speculation, but the lawyer representing your sister-in-law as Executor may have recommended that she have a different lawyer to represent her in this deal between the two beneficiaries.
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