Legal Question in Wills and Trusts in California
I am going through probate right now and am a little confused . I live in Salinas California. The Lawyer I hired to represent me quit my case ,and now represents my Administrator . He is still my Lawyer on court records. Isn't it a conflict of interest? My sister also forged my mothers signature and changed the will . She was charged with forgery in civil court , and was excluded from her part of inheritance by law, yet she is still getting a portion of the estate ( most of it ) I really need help???????
2 Answers from Attorneys
This may be a conflict of interest, but there are not quite enough facts to know. A key question is whether there is any real dispute between you and the administrator. I also assume that your sister is not the administrator.
If you are unhappy with your current attorney, you have an absolute right to change -- but that may end up costing more money. You need someone to either explain to you why your sister is still receiving fund from the estate, or someone to help you fight this.
We cannot give anyone legal advice in a public forum -- you also would not want that, since the advice is not confidential. You need to reach out to a lawyer who knows how to handle probate litigation, and who can help you out. It may be a simple as a couple of letters -- but it is impossible to tell right now.
You can reach out to someone here on LawGuru, or go through your local bar association. There are other sites that advertise a matchmaking service between attorneys and potential clients. Please note that ethical considerations may prohibit attorneys from reaching out directly with an offer to represent you in response to your message.
You will need to consult with an attorney and go over the facts in more detail.
As noted, it may be a conflict for the attorney. More importantly, you need to be assured that your interests in the Probate are being adequately represented and that you are receiving the information you are entitled to in order to evaluate whether the Administrator is doing everything she should be doing.