Legal Question in Wills and Trusts in California
I Need To Know What Papers To File
I was named to inherit one half of a very small estate. The person who was named to inherit the other half is also the executor of the estate.
This executor will not give me a copy of the will; will give no accounting of the disposition of the household furnishings or automobile; will give no verification of what was left in the two bank accounts and has taken some valued items from the estate for herself.
The estate is in CA.and is valued at less than $100,000 so it does not have to go through probate. The executor lives in CA also. I live in PA I'm 75 yrs old and live on SS. I cannot afford a lawyer
I need to know what kind of motion or petition to submit to the court to lodge a formal complaint.
2 Answers from Attorneys
Re: I Need To Know What Papers To File
Then unfortunately you will never see dime one...if you claim you're entitled to tens of thousands of dollars, yet you are unwilling to spend the requisite money by hiring an attorney to follow up for you then it is your own loss. The bottom line here is either, go to California to follow up on this matter or retain an attorney. Not every attorney will charge you $5,000.00 or more, contact the California state bar and they can help you out further. Good luck, but don't sit on your hands and expect help to come to you, especially for free.
PS...you will need to retain an attorney who is licensed to practice in California, not PA for this matter.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, PC
412.731.0865
Re: I Need To Know What Papers To File
You need to file a petition for probate and ask to be named executor. You will argue that you should serve as executor based on the fact that the named executor has not filed to administer a small estate. You might find an attorney who would take the case on contingency but you will still have to pay some expenses. You will have to pay the filing fee (about $400.00 and the fee to publish in the local newspaper another $300). The fees are determined by statute and your attorney might gamble on the fee. Do not attempt to do this yourself. It is complicated.
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