Legal Question in Wills and Trusts in California

notice to creditors

Can I sanction or remove attorney or executor? Numerous mistakes made in creditor notification. The attorney claimed in E mail that creditor wasn't notified. Then creditor made late claim after creditor notification expired. Claim was indeed in Creditor notice filed with the court. She was prepared to pay the claim and possible delay the distribution of the estate. The lawyer is constantly chasing and searching for non-existent debts of deceased, which includes IRS; mother didn't have to file a return. Medicare; mother didn't make any claims through primary insurance that need to be reimbursed to Medicare. Can I force them, the Executor and Attorney to proceed with out delay? They are playing games. Also executor has some demential or memory loss. I don't have money for an attorney. Can an attorney file motions for me and put a lien on the estate?


Asked on 1/28/08, 3:51 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: notice to creditors

If you are dissatisfied with the services proved by the executor and the lawyer for the estate, you can appear and petition the court to change them. You will have to hire an attorney to represent you and pay out of your own resources. If you become the executor your lawyer can get paid from the estate for services to the estate.

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Answered on 1/28/08, 5:41 pm


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