Legal Question in Wills and Trusts in California
Probate settlement
My late husband died over 2 years ago in California. He did not have a will or living trust so approximately $140,000 in assets went into probate with the proceeds split between myself and his two adult children. Soon after he died I retained a probate lawyer and his children retained their own probate lawyer. My lawyer told me I should have a ''neutral'' lawyer so both me and his children agreed to retain an administrative lawyer with oversight of the probate assets and liabilities. In the course, my lawyer's fees became outrageous so I was forced to pay if off on a monthly basis. My last disbursement check was sent to me with my name and his name and he even hand written his account # on the back. I blacked out his # and deposited it into my checking account. He contacted my bank and objected. The check has been on hold for over 2 months. I never had an agreement with him to partake in my disbursements. We never had any type of account set-up for this to occur. Was it legal for he and the administrative lawyer to have done this? Neither is ansering my question.
Thank you for your consideration.
2 Answers from Attorneys
Re: Probate settlement
Fees in probate are strictly limited by law. Have the fees reviewec. Contact me directly.
Re: Probate settlement
What you are describing is certainly a little odd because fees for Probate are generally paid by the estate itself and not one particular party. Without reading your retainer agreement it is hard to comment any further, but I would certainly look to that to see what are the payment responsibilities and where payment is to come from.
You may want to contact the State Bar and discuss the problem with them.
If 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
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