Legal Question in Wills and Trusts in California

If you are the executor of the estate, you cannot appear in pro per in legal proceeding to protect the estate. In your capacity as executor, you represent others and you would be engaging in the unauthorized practice of law. If you are a beneficiary, and are spending that kind of money, then maybe you need to ease off of the frivolous litigation.

Probate legal fees are controlled by statute and are subject to approval by the Court. If you are the executor, the attorney should not be billing you on a monthly basis (information bills showing the time and charges for extraordinary work are ok) for ordinary services to the estate. Neither should he be collecting from the estate on a monthly basis. If he is, and you are the executor, you may want to get a new lawyer who knows what the rules are. If you are a beneficiary or some other interested party, it is impossible to say whether $12,000 over four months, or $3,000 per month, is a little or a lot without knowing a lot more about what it going on and what the issues are. In large estates with complex assets and/or tax issues the fees can often seem large but the return in terms of tax savings can be substantial. I hope this helped. If you have any further questions please feel free to call.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.