Legal Question in Wills and Trusts in California
probate
conflict of interest with a representative of an estate who is also a heir
hiring an attorney.
things the attorney may not do
Asked on 7/19/04, 2:39 am
1 Answer from Attorneys
Ken Koenen
Koenen & Tokunaga, P.C.
Re: probate
If there is a will, the will names an executor. If there is no will, any person with an interest in the estate can petition the court to probate the estate. If there is a trust, the trust instrument names the successor trustee.
An attorney works within the law to make sure creditors are paid, the remained of the estate is distributed to heirs or named beneficiaries, and if there is a probate, the probate court must approve certain proceedings.
If you are interested in being the administrator of the estate, you should contact a probate attorney for advice.
Answered on 7/19/04, 1:13 pm
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