Legal Question in Wills and Trusts in California

Interesting situation. First of all, it seems very odd that you would be making monthly payments on a Probate as the fees are set by statute and are paid out of the estate at the close of the Probate.\n\nSecondly, I am also concerned that your late husband\'s children (I can only assume from a prior marriage as you do not call them \"your children\"), had any claim at all. Normally, the surviving spouse receives the entire estate unless there is a trust or will stating otherwise.\n\nThe Probate attorney should have recognized all of this and I fear that your attorney agreed to a 3-way split to settle everything instead of holding steady to enforce your rights as a surviving spouse.\n\nI can not say what the other attorney is planning, but again, it does sound strange that he has not cashed the installments. Further, it is even stranger that he is now offering a 50% deduction for a cash payment.\n\nI strongly recommend that you contact the State Bar of California and report what has transpired. I believe the attorney has violated some of the Rules of Professional Conduct, but I am not certain which one(s) would apply to your situation. The State Bar Attorney Complaint department can be reached at 1-800-843-9053.\n\nIf you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm?s website located at PasadenaEstatePlanning.com\n\nIMPORTANT:\nNo attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.